The following Planning guidance note provides comprehensive and up to date legal information covering:
High Speed 2 (HS2) is a proposed new high-speed rail network, from London to Birmingham and to Manchester and Leeds. The government hopes it will improve the transport network and boost the economy, but there has been controversy about the exact route of the line and its effect on nearby landowners.
Safeguarding is a process that effectively protects the route of HS2 from any planning applications or developments that could adversely affect its construction or use. Property owners along or partly within the safeguarding route can now serve the government with a 'statutory blight notice'.
Statutory blight is a process that allows affected owners to sell their property to the government for its un-blighted open-market value – ie what it would be worth if HS2 hadn’t been proposed. See Practice Note: Statutory blight.
The statutory blight process is explained in detail on the HS2 government website.HS2 Guide to Statutory blight—A guide for property owners
See Practice Note: High Speed 2.
To qualify to serve a statutory blight notice three criteria must be fulfilled:Town and Country Planning Act 1990, ss 149-171
there must be a 'qualifying interest' in the property proposed to be purchased by the Secretary of State
the property must be partly or wholly within the safeguarded area
all reasonable endeavours must have been made to sell the property
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