![]() ![]() For the 2007 film, see Urban Decay (film). ![]() For the cosmetics company, see Urban Decay (cosmetics). For the ska band, see Urban Blight (band). There may be other elements of compensation that a person affected by a compulsory purchase order can claim: for example, reasonable legal and surveyor’s fees, interest until compensation is paid, and compensation for disturbances such as moving fees and loss of goodwill or profit may also be considered, depending on the circumstances."Urban blight" redirects here. Generally, one would expect a successful claim in accordance with a blight notice to mean the acquisition of the claimant’s interest at the market value. CompensationĬompensation for the interest that is affected by the blight notice, or alternative heads of compensation, will be assessed in accordance with normal rules of compensation set out in section 5 of the Land Compensation Act 1961, but there are also additional rules for blight compensation in the 1990 act. It is not unusual for the layperson to refer to these situations as 'blight' though it may in fact be possible for someone unable to claim blight to make a successful claim for compensation under one of these terms. This gives the claimant the opportunity to withdraw if they regard the compensation they are to receive unsatisfactory.īlight is different from the depreciation in value of property that is caused by public development, which is called 'injurious affection', and also different from 'severance', where the value of land that a claimant retains is lower because of the acquisition of other land from them by the public authority. They may withdraw their blight notice either at any time before compensation is determined by the Upper Tribunal or – if compensation has been determined – within 6 weeks of that determination having been made, assuming that the public authority has not yet taken possession of the land. The claimant is not entirely committed at this point to go through with the sale. Put simply, blight is a sort of compulsory purchase in reverse ![]() If the blight notice is upheld, the public authority is deemed to have been authorised to acquire the claimant’s interest and to have served notice of its intention to take possession of the land in question. The Upper Tribunal (Lands Chamber) will determine whether the objection is well founded or not. However, the authority will not always have to acquire the land it may object to the blight notice and defend its position. If they cannot do so without selling at a substantially lower price than market value, they are then able to serve a blight notice on the relevant authority. Blightīlight can only be claimed through a specific procedure set out in the 1990 act and, generally speaking, the landowner must have first made reasonable endeavours to sell their land. The categories of land that may be blighted are set out in an extensive list in Schedule 13 of the Town and Country Planning Act 1990, which includes all types of land that are shown in public authority plans and documents which are earmarked for any public works. Essentially, it is this threat of acquisition that creates the situation to which the term 'blight' applies. The development proposal will require the acquisition of land either by compulsory purchase or voluntarily. Put simply, it is a sort of compulsory purchase in reverse. Here, we can only scratch the surface of some aspects of compensation, but there is a wealth of information and advice available elsewhere on this and compulsory purchase in general (see below).īlight is the legal term that applies when a public authority has a planning or development proposal and a person with a qualifying interest in property affected by that proposal can require the authority to purchase their interest in it at the full market value. Terms are often misunderstood or interchanged incorrectly, so when it comes down to technical legal and valuation advice one has to be clear what one means. Under what circumstances can the owner of land or a property claim blight?Ĭompensation for land that is adversely affected by public development schemes is a complicated business. 19 January 2018 Paul Grant looks at the circumstances under which the owner of land or a property can claim blight?
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |