Specialist planning solicitors advising property, land and business owners on Blight, Compulsory Purchase Order (CPO) and Development Consent Order (DCO) claims.
When people talk about “blight” they are typically referring to the reduction in value of their property caused by, or associated with, a (re)development scheme.
A common misconception is that “blight” can arise simply by proximity to a development or scheme. However, this is not typically the case.
Statutory blight is prescribed by law, to include who has the claim and in what circumstances, as well as a procedure setting out who can serve a blight notice, how that notice is to be served and the procedure to be followed thereafter.
At its simplest statutory blight arises because land is included or required as part of a development project or scheme of public works and that fact makes it difficult for the legal owner to sell their property at its full market value. However, a qualifying blight claim can also arise where a property owner who has a proprietary right being interfered with, even if their property/land is not proposed to be compulsorily acquired. A common example of this would be an interference with a property’s right of way or access rights.
Where a person or business has a qualifying statutory blight claim certain rights and remedies flow from that – to include the right for land to be acquired at unlighted market value but also payment of relocation costs as well as professional costs in resolving/settling the statutory blight claim.
Where a blight notice is not accepted there are prescribed routes of challenge (i.e. an appeal) which, if successful, mean that the outcome is as if the blight notice had been accepted in the first instance.
It is therefore important to understand who has the qualifying legal blight claim, how that claim should be presented and pursued and, if successful, what legal rights and remedies flow from it or, if unsuccessful, whether there are other viable options available to the landowner.
Holmes & Hills can assist property and landowners (and would-be blight claimants) with:
Where there is a statutory claim one of the main considerations will be the package of statutory compensation payable.
If a person or business does not have a, or will not qualify for, a statutory blight claim there may be other remedies to them. For example, to request changes to the scheme or potentially to seek a discretionary purchase and/or sale under shadow of compulsory purchase powers. We assist claimants by providing this advice to ensure that a client’s energies and resources are used in the most efficient and effective way possible.
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