Blight Notices deal with the situation where a developer applies for a planning application which has a potential adverse affect on a neighbouring property making the owner-occupier unable to realise the full market value on the property.
Whilst Blight Notices are relatively uncommon, they are a useful planning tool that is often overlooked. Kingsley Smith Solicitors can provide an expert guide to blight notices, and our team have had years of experience with Blight Notices and can help you to respond to a Blight Notice. In certain circumstances, we can also identify an opportunity to use a Blight Notice to your advantage.
The Basics Of Blight Notices
Blight is a negative pressure on an area or property's house prices caused by potential development proposals, as proposed by a public authority.
If any public authority, for example a local authority, plans some sort of development in your area, it may affect your home. If your home is indeed affected by such a development, you will probably find it harder to sell your home.
You might find it difficult to sell your home, property or land at all, or you could find it hard to sell your property for a reasonable price. In either situation, there are certain circumstances that allow you to force the offending authority to buy your home – by serving them a Blight Notice.
Issuing a Blight Notice
A successful Blight Notice may, depending on the circumstances, enable you to receive the full unblighted value of your home from the local authority, plus a payment for the loss of your home, plus reasonable moving costs.
If you want to issue a blight notice, you should be able to show:
- That you have an 'eligible interest' in the property.
- That your property is at least partly within the area that has been safeguarded.
- That you have made every reasonable attempt to sell your property, but you have been unable to sell the property at the price it would have fetched without being blighted.
Common cases in which you could, in some circumstances, be able to serve a Blight Notice include a slow Compulsory Purchase Order process, a utilities provider seeking to use your land, or a new road being built near to your property.
HS2 Compensation And Blight Notices
One reason blight notices have recently been brought to wider attention is the government's HS2 rail system.
You can find out more about HS2 from a government source here.
When the government launches large infrastructure projects such as HS2, it is often the case that many people are negatively financially affected, and many of these people may be entitled to compensation by the serving of a Blight Notice. This was the case with the Channel Tunnel, it was the case with HS1, and it is the case with HS2.
HS2 For Affected Land Owners
A lot of land owners have already found that they are within the area that will be affected by the HS2 rail system, as it covers a huge amount of land and are not sure what to do next. There are a few ways you can learn more about HS2 and in particular Blight Notices.
If you are affected by HS2 or a similar large governmental infrastructure project, we would be happy to advise you on statutory blight, on qualifying to serve a Blight Notice, and on the actual process of serving a Blight Notice itself.
If you have a simple question about Blight Notices but don't feel that you necessarily need planning law advice at this stage, use the form on the right to ask us a free legal question.
If you haven't yet looked into it, HS2 Limited (the company in charge of implementing HS2) have a good introductory guide to seeking compensation.
Our Experience Of Blight Notices
We have built up a strong amount of expertise in the field of Blight Notices and we would be delighted to apply this to your particular circumstance.
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