“England’s Green and Pleasant Land” - “An Englishman’s Home is his Castle” – phrases we all Recognise, but do they still apply?

The commencement of the Public Inquiry into the proposed expansion of the Felixstowe Branch Line illustrates how our “green and pleasant land” is becoming increasingly developed to cope with commercial and urban related demands. Developments occur throughout the country both in urban and rural areas. They can be of considerable benefit to communities and regions, both in relation to the provision of new commercial and public buildings, as well as rail, road, sea and air transport infrastructure. But these benefits can come at a price for individuals whose properties in the vicinity of the proposed development will be directly affected by it. If you are one of those property owners, there can be a serious effect upon your individual quality of life and the value of your home.

Most of us have heard of Compulsory Purchase Orders (CPOs) in which local authorities and other public bodies can acquire land in accordance with the Acquisition of Land Act 1981. This is providing it can be shown by the acquiring authority that there is a compelling case for such an acquisition in the public interest.

The problem with CPOs is that they usually involve the Public Authority actively seeking to purchase the individual’s property. In many cases however, the proposed development will directly affect an individual’s property but there are in fact no proposals either by the Public Authority or the developers to purchase the property.

What happens when home owners are in this position where no proposals are made to acquire their properties, even though they may be seriously affected by the envisaged development? What are their options?

Under Part 1 of the Land Compensation Act 1973 and Section 137 of the Town and Country Planning Act 1990 (and other associated legislation) the owner can apply for a Blight Notice requiring the developer to purchase the freehold interest in their property. In order to comply with the requirements of such a notice the owner will need to show that he or she has made reasonable attempts to sell their property; but has been unable to do so except at a substantially lower price than the property might reasonably have been expected to sell for were it not for the planning proposals.

Where a Blight Notice is served in respect of a property, the authority can then serve on the owner a counter notice (within two months of service) objecting to the Blight Notice, and the owner can then require the objection to be referred to the Lands Tribunal within two months of service of the counter notice. If no counter notice is served, or objections are withdrawn or not upheld by the Lands Tribunal, the authority would be obliged to buy the land for full value straight away together with payment of the costs incurred by the owner in applying for the notice.

If you are affected by any proposed development, which you consider may adversely affect the enjoyment, the value of your property or indeed its saleability, it would be wise to seek legal advice as soon as possible in order that steps can be taken to protect your interest and rights. Objections for consideration at any Public Inquiry should be considered. If planning permission is then granted for the development which will affect your property, consideration can then be given to service of a Blight Notice.

If you are affected by any of the issues covered in this article please contact either Chris Moffat or Paul Stevens at Jackaman Smith and Mulley either via telephone or via chris.moffat@jsm.co.uk or paul.stevens@jsm.co.uk.