Planning Blight Triggers and the Qualifying Owner-Occupier Test
Planning blight arises when a public scheme — set out in a development plan, infrastructure designation, or statutory instrument — makes a property unsaleable at its true market value. The TCPA 1990 ss.149-171 list of statutory blight triggers includes: development plan allocation for a public authority function; highway scheme under the Highways Act 1980 (including motorway and trunk road schemes); designation by a New Town, Development, or Urban Development Corporation; safeguarded zone for a proposed airport; railway scheme safeguarding (including HS2 — governed by HS2 Act); resolution to compulsorily acquire passed by the relevant body. Qualifying owner-occupier: freeholder or long leaseholder (3+ years unexpired at date of notice); personal representatives of a deceased qualifying owner also qualify. For a residential property: the owner (or a household member) must have been in occupation as a private dwelling for at least 6 months in the preceding 12 months. For a business property: the owner must have been carrying on a business from the premises throughout the preceding 12 months. Attempted sale: the claimant must prove they made reasonable efforts to sell at unblighted open market value within the preceding 12 months and were unable to do so (or only at a substantially reduced price) due to the blight. Non-occupying investors and buy-to-let landlords generally do not qualify.
Blight Notice Procedure and HS2-Specific Schemes
Procedure: serve a blight notice on the appropriate authority in the form prescribed by the Compulsory Purchase of Land (Prescribed Forms) Regulations 2004; specify the land, the blight trigger, the claimant's interest, and include evidence of the attempted sale (agent particulars; offers received; correspondence showing purchaser withdrawal due to blight). Authority has 3 months to accept or serve a counter-notice (objecting on specified grounds — e.g. land not within qualifying area; authority does not intend to acquire). If the authority accepts or fails to respond, it must acquire at unblighted market value (Land Compensation Act 1961 compensation code). Disputed notices referred to Upper Tribunal (Lands Chamber); legal and valuation costs usually recoverable by the claimant. HS2 specific schemes (Phase 1 and Phase 2a): (i) Express Purchase — residential owner-occupiers within 60m of route centreline; 100% unblighted market value plus 10% bonus (max £47,000); no attempted sale proof required; (ii) Need to Sell — outside Express Purchase zone; compelling need (employment, health, financial hardship); 100% unblighted value; (iii) Rural Support Zone — agricultural owner-occupiers within 120m; (iv) Phase 2b cancellation — properties blighted by the cancelled Birmingham-Leeds and Crewe-Manchester legs may claim under the statutory blight regime. Always obtain an independent RICS valuation of unblighted market value before accepting any authority offer. Scotland: TCPA(S) 1997 ss.100-117; Upper Tribunal for Scotland.