Under Part I of the Land Compensation (Scotland) Act 1973 (as amended) there is a right to compensation in respect of any depreciation of more than £50 in the value of certain interests in land caused by the use of the new or altered roads resulting from specified physical factors (noise, vibration, smell, fumes, smoke and artificial lighting and the discharge onto the land in respect of which the claim is made of any solid or liquid substance).
Compensation is assessed by reference to prices current at the date 12 months after the road was first open to public traffic, i.e. the “first claim day”. Claims should be made within 5 years from the first claim day. However, if an interest is disposed of or (insofar as the interest is in land which is not a dwelling) a tenancy is granted, the claim must be made before such disposal or grant of tenancy.
The dates of opening and relevant dates for the various phases of the Aberdeen Western Peripheral Route / Balmedie to Tipperty scheme are listed below and are shown on the attached drawing.
||Date first opened for use by public traffic
||Relevant Date for the purposes of Part 1 Claims (i.e. first claim day)
|Phase 1 - A96 Craibstone Roundabout and Dyce Drive Junction
||30 August 2016
||31 August 2017
|Phase 2 - Balmedie to Tipperty
||15 August 2018
||16 August 2019
|Phase 2a - Parkhill to Blackdog
|| 27 June 2018
||28 June 2019
|Phase 2b - Stonehaven & Charleston to Craibstone
||12 December 2018
||13 December 2019
|Phase 3 - Craibstone to Parkhill
||19 February 2019
||20 February 2020
Interests qualifying for compensation are specified in section 2 of the above mentioned Act and there are special provisions relating to claims by heritable creditors, trustees and persons acquiring relevant interests by inheritance. However, no compensation can be paid under Part I where part of a property has been acquired for the purpose of constructing or altering the road.
Any person entitled to a qualifying interest who considers he or she has a claim under the said provision should submit their claim to email@example.com, addressing the Design Administration Team, Major Projects on or after the first claim day as noted above.
Claim for compensation form