Paul Rice
The recent safeguarding of the proposed route of HS2 by the Department for Transport protects it from any conflicting development.
It also triggers the statutory rights of property owners within 60 metres of the route to serve a Blight Notice on HS2 Limited, the government-owned body charged with the overseeing the construction of the railway. This allows property owners to request that the government purchase their property at market value, under the terms of the Compensation Code.
However, Leamington Spa-based solicitors Wright Hassall agree with the Country Land & Business Association (CLA) that this measure 'does not go nearly far enough to fully compensate all affected property owners along the proposed route.'
The CLA is campaigning for a Property Bond Scheme to help all property owners adversely affected by projects such as HS2.
Its main purpose will be to give certainty to property and business owners. The intention would be to underwrite the open market, unblighted value of the property.
Property owners along the route have already suffered enormous difficulties due to the length of time large infrastructure projects take to complete –the earliest suggested completion date for HS2 is 2027.
Andrew Shirley, Chief Surveyor with the CLA, said “Those living on, or close to the route of HS2 have already suffered many years of disruption and uncertainty.
“Having your land, business or house affected is a deeply traumatic experience – these are not just properties, but homes and livelihoods.
“The government must move quickly to establish a Property Bond Scheme to underwrite property values and not just rely on the inadequate Blight Notice provisions currently on offer.
“Addressing the impacts of those being deprived of their property, or their enjoyment of their property, needs to be first, not last priority.”
Not only that, but under the current compensation criteria, only properties within 60 metres of the route will have a statutory right to compensation leaving many outside this boundary could face years of disruption and blight possibly without any recompense.
Paul Rice heads Wright Hassall’s agricultural team and deals with farms and rural businesses, as well as private property owners. He is urging those affected to seek advice and not automatically accept any offer put forward by government.
He said: “Now that the route has been safeguarded, affected property owners will be very unlikely to get planning permission to develop, upgrade, improve, extend or in any way alter land or premises along the line. This will leave many farming and other rural businesses in limbo while the compensation package continues to be fine-tuned.
“The experience of negotiating compensation packages on behalf of several property owners when the M40 extension was built in the 1980s gave us, as a firm, an invaluable insight into the way in which governments can fudge – or even try to avoid – their obligations."