http://www.legislation.gov.uk/ukpga/1973/56/section/1Land Compensation (Scotland) Act 1973An Act to re-enact in the form in which they apply to Scotland the provisions of the Land Compensation Act 1973.1981-06-01texttext/xmlenStatute Law Database2024-05-17Expert Participation2017-12-28 Part I11Where the value of an interest in land is depreciated by physical factors caused by the use of public works, then, if—athe interest qualifies for compensation under this Part of this Act; andbthe person entitled to the interest makes a claim after the time provided by and otherwise in accordance with this Part of this Act,compensation for that depreciation shall, subject to the provisions of this Part of this Act, be payable by the responsible authority to the person making the claim (hereafter referred to as “the claimant”).2The physical factors mentioned in subsection (1) above are noise, vibration, smell, fumes, smoke and artificial lighting and the discharge on to the land in respect of which the claim is made of any solid or liquid substance.3The public works mentioned in subsection (1) above are—aany road;bany aerodrome; andcany works or land (not being a road or aerodrome) provided or used in the exercise of statutory powers.4The responsible authority mentioned in subsection (1) above is, in relation to a road, the appropriate roads authority and, in relation to other public works, the person managing those works.5Physical factors caused by an aircraft arriving at or departing from an aerodrome shall be treated as caused by the use of the aerodrome whether or not the aircraft is within the boundaries of the aerodrome; but, save as aforesaid, the source of the physical factors must be situated on or in the public works the use of which is alleged to be their cause.6Compensation shall not be payable under this Part of this Act in respect of the physical factors caused by the use of any public works other than a road unless immunity from actions for nuisance in respect of that use is conferred (whether expressly or by implication) by an enactment relating to those works or, in the case of an aerodrome and physical factors caused by aircraft, the aerodrome is one to which section 77(2) of the Civil Aviation Act 1982 (immunity from actions for nuisance) for the time being applies.7Compensation shall not be payable under this Part of this Act in respect of physical factors caused by accidents involving vehicles on a road or accidents involving aircraft.8Compensation shall not be payable under this Part of this Act on any claim unless the relevant date in relation to the claim falls on or after 17th October 1969.9Subject to section 9 below, “the relevant date” in this Part of this Act means—ain relation to a claim in respect of a road, the date on which it was first open to public traffic;bin relation to a claim in respect of other public works, the date on which they were first used after completion.Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(3)(9) except in cases where the relevant date was more than 3 years before 13.11.1980Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 72(2)(3)Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 72(2)(3)Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 72(2)(3)Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), s 109, Sch. 15 para. 14(1)Pt. I amended by Local Government, Planning and Land Act 1980 (c. 65), s. 113Pt. 1 applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 236, 241(8), (8), Sch. 12 para. 20(c) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)