Blight Notice Success

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News article

Blight Notice Success

April 2017

HS2

It is a requirement of the Express Purchase Scheme to serve upon HS2 a Blight Notice in respect of the whole of a property.  

However, where a property is divided even by a narrow country lane, HS2 has declined to accept the Notice on the basis that the property comprises separate parcels or hereditaments (a term used in the assessment of Rates).  

A client of a smallholding faced exactly this challenge and we lodged a Reference to the Upper Tribunal (Lands Chamber) arguing that the property comprised an agricultural unit and, despite being in two parts, it was clear that the property was used and managed as a single unit.  

Upon reflection HS2 agreed, withdrew the Counternotice and agreed to make a substantial contribution towards our client’s costs.  

This matter has again recently been tested through the Tribunal where the President rejected the Secretary of State for Transport’s argument and indicated the claim should include all the relevant land to be treated as one plot.  

The Tribunal took two days to consider the matter, at considerable cost including the employment of a Barrister.  

We would advocate taking professional advice and looking at all of the circumstances as HS2 can be persuaded to withdraw from their position without the attendant cost and risk of a Tribunal hearing.

For further information or advice click here to find your local HS2 contact

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