On July 9, 2013, the Secretary of State for Transport announced that the majority of Phase 1 of HS2 had been safeguarded.
The safeguarding process is an established part of the planning system. It is designed to protect land that is allocated for major infrastructure developments from other conflicting developments which might otherwise occur. Safeguarding protects the route within a 60-metre zone either side of the route. Areas that are within this zone are outlined by HS2 on the following link: https://www.gov.uk/government/collections/safeguarding-information-and-maps-for-hs2 6
Compensation: Blight Notice
From a compensation perspective, the safeguarding of the route is a trigger point for Statutory Blight Claims.
Statutory Blight Claims are available to property owners whose homes are located within or partly within the safeguarded zone. This process is also available to owner-occupiers of commercial properties with an annual rateable value of up to £38,400 and owner-occupiers of agricultural units (which must include dwellings) wholly or partly within the safeguarding zone.
Statutory Blight Claims entitle the owner to the unblighted value of their property plus a home-loss payment of 10% of its value (up to £47,000) and reasonable moving costs.
These claims are also admissible in situations where the government only purchases a portion of a property and the owner retains the remainder, which loses value as a result of severance or injurious affection.
In order to make a statutory blight claim, an owner will have to demonstrate that they have made reasonable efforts in order to sell their home or business.
How can Roger Hannah help?
Statutory Blight Claims and the Compulsory Purchase Process are complex procedures, and it is therefore vital that you seek professional representation. If proper advice is not obtained, then the owner of the property can suffer significant financial losses.
Roger Hannah, who has a wealth of experience in the field of compulsory purchases, is currently acting on a number of properties that are HS2 affected. With regards to professional fees, the government will pay the professional fees of those affected.
If your property is affected and you would like to get more information about submitting a Blight Notice, then please do not hesitate to get in touch with us.