Decision Nº LCA 165 2008. Upper Tribunal (Lands Chamber), 25-10-2010
| Jurisdiction | UK Non-devolved |
| Judge | Mr Andrew J Trott FRICS |
| Date | 25 October 2010 |
| Court | Upper Tribunal (Lands Chamber) |
| Judgement Number | LCA 165 2008 |
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UPPER TRIBUNAL (LANDS CHAMBER) |
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UT Neutral citation number: [2010] UKUT 370 (LC)
LT Case Number: LCA/165/2008
LCA/168/2008
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
COMPENSATION – Land Compensation Act 1973 Part I – depreciation by physical factors caused by the use of second runway at Manchester Airport – noise, vibration and fumes – impact of agreed increase in noise – analysis of conflicting valuation evidence – compensation assessed at £72,500 and £40,000
IN THE MATTER OF TWO REFERENCES
MANCHESTER AIRPORT plc Compensating Authority
Re: (1) Smith Lane Farm,
Smith Lane, Mobberley,
Knutsford, Cheshire
WA16 7QE
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Burnside
Smith Lane, Mobberley
Knutsford, Chesire
WA16 7QF
Before: A J Trott FRICS
Sitting at: Manchester Civil Justice Centre, 1 Bridge Street West,
Manchester, M60 8DJ
on 7-10 September 2010
Asitha Ranatunga, instructed by Davis Blank Furniss, solicitors of Manchester, for the claimants
Patrick Walker, barrister, of Hammonds LLP, solicitors of Manchester, for the compensating authority
The following cases are referred to in this decision:
Wolff and Others v Transport for London [2008] RVR 316
King and Preselo v Dorset County Council [1998] RVR 35
Purfleet Farms v Secretary of State for Transport, Local Government and the Regions [2002] RVR 368
Bank of Credit and Commerce International v Ali (No.3) [1999] NLJ 1734 Vol 149
Day v Day (2006) EWCA Civ 415
DECISION Introduction-
These two references, heard together, are in respect of claims for compensation made under Part I of the Land Compensation Act 1973. The first claimants are Mr Adrian Robertson and Mrs Kathleen Robertson of Smith Lane Farm, Smith Lane, Mobberley, Knutsford, Cheshire WA16 7QE. The second claimants are Mr Andrew Spark and Mrs Annette Spark of Burnside, Smith Lane, Mobberley, Knutsford, Cheshire WA16 7QF.
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The responsible authority under the 1973 Act is Manchester Airport Plc and the public works, the use of which gives rise to the claims for compensation for depreciation in the value of the claimants’ interests, is the new runway 2 (R2) at Manchester Airport.
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Mr Asitha Ranatunga of counsel appeared for the claimants and called Mr Peter Edward Sacre BSc(Hons) MSc, CEng MIMechE MIOA, a director of Acoustic and Engineering Consultants Limited, as an expert noise witness; Mr Antony Robert Lawton BSc MRICS, a director of Leslie Roberts and Co Limited and Mr Stephen Bentley Cheshire MRICS FAAV, a director of Jackson-Stops and Staff, as expert valuation witnesses. He called Mr Adrian Robertson and Mr Andrew Spark as witnesses of fact.
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Mr Patrick Walker of counsel appeared for the compensating authority and called Mr Jeffrey Gwilym Charles BSc MSc Eng FIOA, a consultant with Bickerdike Allen Partners, as an expert noise witness; Mr Robert Sidney Newton FRICS, a chartered surveyor with Meller Braggins Limited, and Mr Robert Yardley MRICS, a consultant surveyor with District Valuer Services, as expert valuation witnesses. Mr John Neil Edward Twigg, Group Planning Director for the Manchester Airports Group, produced a witness statement giving details of the operation of R2. This was accepted by the claimants and Mr Twigg, by consent, was not called to give oral evidence.
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I made an accompanied site visit to Smith Lane Farm and Burnside on the morning of 9 September 2010. I stood outside and inside both properties while aircraft were taking off from R2 and again when aircraft stopped using R2 and took off from Runway 1 (R1). I did not witness aircraft landing on either runway.
Facts
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Both the expert valuation witnesses and the expert noise witnesses produced statements of agreed facts. From these, the evidence and my site inspection I derive the following facts.
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The reference properties are situated in the village of Mobberley. The older part of the village, to the east, is centred around St Wilfred’s Church. More recent development is centred around the former Ilford’s factory. Smith Lane effectively delineates the north western edge of the village and the reference properties are located just to the north of the industrial works. Smith Lane Farm is closest to the village with Burnside being located a short distance to the north.
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Knutsford town centre is within 5 km to the south west and Wilmslow town centre is approximately 6.5 km to the north east. Junction 19 of the M6 motorway is within 8 km and Mobberley Railway station is located approximately one mile to the north of the village centre. It is on the main Chester to Manchester railway line which runs some 300 metres to the west of the reference properties. Manchester Airport is within 15 minutes driving time.
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Smith Lane Farm is a detached early 19th century former farmhouse and grounds with an extensive range of more modern outbuildings arranged around a central courtyard. These include an indoor swimming pool and double garage. There is a barn (used for storage) and a workshop and office building with a games room and further offices at first floor level. There is a triple garage at the north west of this building. The farmhouse has three reception rooms, a large kitchen and five bedrooms (one en-suite). It has gas, water and electricity with gas central heating. Drainage is to a septic tank. The total plot area is 3.2 ha. The state of repair at the claim date is described as good, although at the date of my inspection extensive repair works were being undertaken to the farmhouse. Smith Lane Farm is 3.8 km from the end of R1 and 1.9 km from the end of R2. The offset distances from the extended centre lines of the two runways are 332 m from R1 and 40 m from R2.
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Burnside is a large Edwardian semi-detached building with outbuildings (a former stable block) and a double garage. The house stands in grounds of 0.1 ha although Mr and Mrs Spark own a lease at a peppercorn rent of further land beyond Mobberley Brook to the north of the property. The claimants also own the freehold interest in an area of 3.25 ha of rough pasture which adjoins the grounds of Smith Lane Farm a short distance to the south east. Burnside comprises three reception rooms, a kitchen and utility room with three bedrooms and a bathroom on the first floor and two bedrooms, a box room and a bathroom on the second floor. It has water and electricity with oil fired central heating. Drainage is to a septic tank. The state of repair at the claim date is described as good. Burnside is 3.6 km from the end of R1 and 1.75 km from the end of R2. The offset distances from the extended centre lines of the two runways are 291m from R1 and 100m from R2.
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R2 was first used on 5 February 2001 and has been in continual use except for emergencies and planned/unplanned maintenance and repair. The hours of operation of R2 are specified in the planning permission as 06:00 to 22:00. The planning permission is subject to a section 106 agreement which includes Obligation B2 (viii):
“The carrying out of an annual review commencing 12 months before the commencement of operations to identify, in consultation with Manchester Airport Consultative Committee and airlines, opportunities for preferential use of single runway operations on the existing runway as and when throughput of aircraft numbers permits and subject to the safety requirement of Air Traffic Control.”
In compliance with this undertaking since 2001 the airport does not use R2 between 12:00 and 15:00 each day. (On the day of my site inspection R2 ceased operations at or around 10:30.)
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When R2 is operational, traffic is shared between it and R1 with one runway being used for departures and the other for landings. In westerly winds (which is the predominant wind direction accounting for 80% of annual aircraft movements) departing aircraft use R2 and landing aircraft use R1. In easterly winds the pattern is reversed; landing aircraft use R2 and departing aircraft use R1. This accounts for 20% of the annual aircraft movements. When R2 is closed (between 22:00 and 06:00 and again between 12:00 and 15:00) R1 handles both departures and landings. This operating pattern for a single runway is the same as that which existed prior to...
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