Planning a major infrastructure project and obtaining the necessary Orders and consents to implement it can take many years. When properties are affected by a proposed scheme of public works the mere prospect of the scheme may have such a profound effect on value as to render them virtually unmarketable.
Blight, to this extent may be sufficient to establish a valid claim for compensation in advance of the normal trigger event which is generally the service of a Notice to Treat by the acquiring authority. However, Blight in its strict legal sense is very difficult to prove and remains dependent on serving notices and following a set procedure to establish a statutory entitlement to compensation.
Due to budgetary constraints, acquiring authorities very often reject Notices as a matter of course and may insist that matters are referred to the Land Tribunal for determination. However, provided the correct procedure has been followed and, based on evidence, Statutory Blight can be proved, the Tribunal can direct the acquiring authority to purchase the property at a slightly enhanced value and pay the claimants costs and relocation expenses.
For those that are affected by the threat of compulsory purchase who find themselves unable to sell their properties except at a heavily discounted price, early consideration should be given to establishing eligibility to submit a valid claim for Blight. The team at Kirkby & Diamond have dealt with many successful Blight notice applications and references to the Lands Tribunal and can advise on the minimum requirements to claim Statutory or Discretionary Blight under the Town & Country Planning legislation.