Plans have been approved by the new Government to increase the current caps placed on early morning flights at London City Airport. The plans to vary the airport’s existing planning permission were originally submitted in 2022 and rejected by Newham council. The plans allow an additional three flights in the first half hour of operations Monday to Saturday between 6.30 and 7am, increasing the limit on flights during this time from 6 to 9.
The approval, which will see passenger numbers increase almost 50%, has been criticized by green groups as undermining emissions goals. It is also at odds with the government’s advisory group, Climate Change Committee’s, recommendation that UK airport expansion should pause until a UK wide passenger capacity management framework is put into place.
In addition to emission concerns, residents who opposed the plans are worried about increases in noise disturbance at their properties given the additional early morning flights and the impact on their property values.
However, residential property owners are unable to claim any compensation as the increase in flights that may impact property values is not the result of new or altered infrastructure works such as a runway extension or the addition of new taxiways or aprons.
Compensation is only payable under Part 1 of the Land Compensation Act 1973 (‘the Act’) to qualifying owners and occupiers for loss of value to properties arising from changes in environmental factors arising from the use of the new or altered infrastructure.
The environmental factors covered by the legislation include noise, vibration, smell, fumes, smoke and artificial lighting.
The Upper Tribunal (Lands Chamber) that assesses claims for compensation under the Act has recognised in a recent case the impact that early morning flights can have, with the Tribunal awarding compensation to reflect the resulting impact on property value.
As the London City Airport expansion involves no infrastructure changes, affected homeowners will not have this recourse open to them despite the anticipated increased environmental blight.
This case highlights the limits of the current legislation in terms of adequately protecting the rights of owner occupiers impacted by this sort of airport expansion.
There is a clear gap in the current compensation provisions where no infrastructure changes are made which calls into question how homeowners’ rights can adequately be protected where infrastructure changes are made to cover eventualities like this where limits are varied in the future.
Where qualifying infrastructure changes have taken place, current legislation limits compensation to losses incurred and reasonably anticipated from future intensification of the expanded airport. This is usually assessed having regard to the limits in place at the statutory valuation date, one year after the new infrastructure has been in use. Future increases to such limits are typically not considered, given their relatively rare nature, but leave homeowners lacking recourse in situations like this at London City Airport.
The Act protecting homeowners’ rights took effect in 1973, the consultation which preceded it took place over 42 years ago; the Government may wish to consider the need for a new consultation on options to ensure a fair balance between commercial interests and the rights of property owners can be met in the modern world.
