George Simpson, an associate at Fisher German’s Stafford office, explains how the confirmation of the Highways Agency’s intention to widen the M6 rather than build an independent ‘expressway’ will significantly reduce the value of a number of properties bordering the route.
As the Highways Agency’s decision does not yet constitute a formal confirmation of the route, owners of properties bordering the M6 widening scheme do not have the legal protection which applies under the condition known as ‘statutory blight’. For major road development schemes, this only applies when a confirmed route can be shown to cause a likely reduction in a property’s value. Formal confirmation of the route for the widened M6 is not expected for at least a year.
To complicate matters further, a Route Protection Order has been in place for many years, which is being relied on to safeguard the likely route. As a result, a number of our clients are experiencing difficulty with planning applications relating to their properties.
This is obviously a complex and evolving situation and one in which we are actively involved and monitoring for several clients.
For those affected by the route of the proposed widening, there are a number of solutions: for example, there are provisions for what is known as ‘discretionary blight’, where properties can be sold to the Highways Agency by negotiation. But this will generally only be considered when the property in question has been marketed to prove the ‘blight’ effect of the proposed scheme.
Our main advice for property owners in situations like this is that it’s vital to get the best advice from a team of experienced consultants. Identifying the most appropriate solutions requires both experience and innovative thinking – not always easy within the complex framework of the UK planning and compulsory purchase systems.
For information on M6 widening issues ‘phone George Simpson on 01785 220044.
