Statutory blight

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Statutory blight
  • What is statutory blight?
  • When does statutory blight apply?
  • Qualifying interests
  • Part of property affected
  • Marketing property
  • Procedure for serving notice
  • Content and service of blight notice
  • Authority's acceptance or counter-notice
  • Appeal against counter notice
  • More...

Statutory blight

What is statutory blight?

Blight occurs when the value of a property is reduced because of proposed development or public works, which make it difficult for homeowners to sell their properties at market value because these properties will ultimately be required for public purposes, so that they may have to sell at a much lower price. Under the Town and Country Planning Act 1990 (TCPA 1990), anyone with a ‘qualifying interest’ who has made reasonable endeavours to sell their property may be entitled to serve a 'blight notice' on the body responsible for the works, requiring them to buy the property at market value.

When does statutory blight apply?

The statutory blight provisions, in terms of the extent of land that may be considered to be blighted, and when it becomes blighted, are set out in the TCPA 1990, Sch 13. Schedule 13 sets out a number of circumstances which trigger statutory blight, including where land:

  1. is identified in development plan documents or neighbourhood development plans for 'public' functions, such as those of a government department, local authority or statutory undertaker

  2. is within an area described as the site of a proposed new town, urban development area or Mayoral development area

  3. is within an area declared by the Housing Act 1985 for clearance and renewal

  4. is indicated in a development plan as required for highway construction

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