A Warwickshire resident has won £75,000 in compensation from Birmingham Airport after a specialist tribunal found that increased aircraft noise devalued his property.
Andrew Bennett, the owner of Oak Tree Lodge, a three-bedroom bungalow in Bickenhill, sued the airport in the Upper Tribunal (Lands Chamber).
The village is a mile away from the airport and Bennett argued the extension of the runway in 2014 caused the sound of aircraft to come “crashing and slamming” into his family’s lives.
The runway extension brought take-off and landing spots 440m closer to the bungalow, leading to heavier, nosier aircraft flying overhead.
In evidence, Bennett said while there had always been aircraft noise, the runway extension made the situation much worse.
In his ruling, tribunal judge Mr P McCrea said: “Almost immediately upon the runway being extended, he said, sleep was disturbed, aircraft noise seemed louder, was more intrusive, and was discombobulating.
“When working from home, conference calls and presentations now require him to ‘mute’ when an aircraft flies over, and normal conversation in the house is paused. Even in the peak of summer, he and his family keep windows and doors shut because the noise of aircraft passing overhead is so intrusive verging on painful.”
This is the second time Bennett and his family have faced property troubles caused by the airport.
He bought Oak Tree Lodge from the airport in 2000 when his previous home in the village was bought by the airport to make room for a new road. He exchanged his old home for Oak Tree Lodge and paid the airport a further £40,000.
“I place significant weight on Mr Bennett’s own account of the difference in noise pre- and post-works… There is no doubt in my mind that the use of the works would give rise to a diminution in value. But how much?”
To work it out, the court used a so-called “switched-off value” which meant the value of the property with the runway built but not in use.
“In my judgment, the switched-off value of Oak Tree Lodge is in the region of £400 per sq ft,” the judge ruled.
“That would generate a capital value in the order of £560,000. With a switched-on value of £485,000, that would mean a diminution of £75,000, or 13.5%. In all the circumstances of this claim, in my judgment that is an appropriate percentage reduction.
“I therefore determine compensation of £75,000.”
Andrew Bennett v Birmingham Airport Limited
Upper Tribunal (Lands Chamber) (Mr P D McCrea FRICS FCIArb) 22 August 2022
