HS2 and Compensation
Introduction
1. This paper will consider the compensation provisions for HS2 by reference to what has
already been published, to comparable hybrid schemes, Channel Tunnel Rail Link
(“CTRL”) and Crossrail, and to similar private schemes, Stansted, Heathrow and Central
Railways.
2. It is interesting to note that a recent survey conducted by Knight Frank found that almost
half the property owners who will be affected by HS2 still do not know whether they will
be eligible for compensation1.
Overview
3. The basic structure of compensation for HS2 is as follows:
i)
prior to the route being safeguarded the Exceptional Hardship Scheme will apply
(“EHS”);
ii)
once the route is safeguarded statutory blight provisions will apply, it has also
been indicated that a non statutory compensation scheme will operate in addition
to statutory blight;
iii)
Once the hybrid bill is passed compulsory purchase provisions (“the National
Compensation Code”) will apply possibly with some modifications as with CTRL
and Crossrail;
iv)
In cases where no land was acquired a claim may be made for injurious affection
under s.10 Compulsory Purchase Act 1965 or after the project has been
operational for 12 months a claim may be made for compensation for the use of
public works under Part I Land Compensation Act 1973.
1
results published in March 2011
Exceptional Hardship Scheme (“EHS”)
4. On 26th July 2010 the Secretary of State for Transport announced the introduction of the
EHS which would be open to applications from 20th August 2010. The EHS is a
voluntary purchase scheme for properties which may be affected by the proposed route of
HS2. Before the route is „safeguarded‟ property owners who have an urgent need to sell
but have been unable to do so except at a substantially reduced price as a direct result of
the proposed route and who meet the eligibility criteria may apply to the EHS for the
Government to purchase their properties at its unaffected open market value.
Qualifying criteria
5. In order to qualify for the EHS five conditions must be satisfied2:
i)
The applicant must have a qualifying interest in the property. A qualifying interest
includes:
a) Owner occupiers (freehold or long leasehold) of private residential properties
who
-
are living in the property at the date the application is received and have
owned it and lived in it as their main residence for at least six months prior
to the application
-
where the property is empty have lived there for at least 6 months and the
property has not been empty for more than 12 months
-
if, they are long leaseholders, have a tenancy for a term certain of which
no less than 3 years remain at the date of an application to the EHS ;
b) Owner occupiers of business premises with a rateable value not exceeding
£34,800 who
2
Further information and a copy of the application form may be found at www.hs2.org.uk/exceptional-hardshipscheme
-
own a freehold or leasehold interest in the property, have owned the
property for 6 months prior to the application and have operated a business
of which they are proprietor or principal shareholder throughout this
period
-
if the property is empty must have fulfilled the above criteria for at least 6
months and the property has not been empty for more than 12 months;
c) owner occupiers of agricultural units where
-
the unit includes a dwelling house in which the applicant is living and has
been so for at least 6 months prior to the application being received
-
if the property is empty the above conditions must be satisfied for a period
of 6 months and the property must not have been empty for more than 12
months;
d) mortgagees with a right to sell who can give immediate vacant possession;
e) personal representatives of a deceased person who had a qualifying interest at
the time of death
ii)
the property must be directly on the line of the proposed route3 or in such close
proximity to the proposed route that it would be likely to be substantially
adversely affected by the construction or operation of the new line, if it were to go
ahead along that route
-
the EHS does not apply to tunnelled sections4 but does apply to properties
in close proximity to tunnel entrances and exits as well as those in the
vicinity of one of the green tunnels
3
4
maps of the proposed route may be found at http://www.dft.gov.uk/pgr/rail/pi/highspeedrail/proposedroute/maps
for more information on tunnelled sections see http://www.hs2.org.uk/publications/HS2-Tunnels-Note-July-201057061
-
applications received within three months of the publication of the
proposed route on 20th December 2010 will be considered in relation to
both the original Route 3 (published March 2010) and the proposed route
and will only need to be on or in close proximity to one of these routes
iii)
The applicant must have made all reasonable efforts to sell their property and not
have received an offer within 15% of its unaffected open market property value
-
for example; the asking price should reflect professional advice as to the
value, be realistic and competitive for the market it is in and reflect an
urgent need to sell
-
the guidance suggests that the property should have been actively
marketed with at least one recognised estate agent for a minimum of three
months
iv)
the applicant must have brought the property before they could reasonably be
expected to have been aware of the high speed rail proposals, in other words they
must have no prior knowledge
-
if the property was bought before 11 March 2010 this criterion will be
satisfied
-
for property bought after 11 March 2010 the applicant will need to provide
satisfactory evidence demonstrating that they had no prior knowledge
-
properties brought after 11 March 2010 and before 20th December 2010 in
proximity to route 3 but not the proposed route will also satisfy this
criterion;
v)
the applicant must have a pressing need to sell their property such that they would
suffer exceptional hardship if they had to wait until the route was finalised and
new compensation arrangements came into force (expected to be late 2011). The
guidance provides the following examples
-
domestic- there is an urgent need to move to a larger or different house
due to changed family circumstances
-
employment- a need to relocate
-
Financial- an external financial pressure that necessitates a sale, for
example divorce, to release capital for a business, to avoid re-possession
-
Medical- where the applicant or a dependent in the property has developed
a medical condition which necessitates selling
-
the winding up of the estate of a deceased person.
Procedure
6. The completed application form along with supporting evidence should be submitted to
the EHS Panel Secretary5 . The EHS Secretariat will acknowledge and review the
application and completed applications will be submitted to the EHS Panel. Each Panel
has a quorum of two independent members and one senior HS2 representative.6
7. The EHS Panel will make a recommendation to refuse or accept the application which
will then be sent to the Secretary of State. It is the Government‟s intention to respond to
all applications within 3 months of receipt.
8. The Secretary of State will decide whether or not, in light of the Panel‟s recommendation,
to accept the application and the EHS Secretariat will notify the applicant of this
decision. If the application is unsuccessful reasons will be provided.
5
6
EHS Panel Secretary, High Speed Two Limited, 55 Victoria Street, London, SW1H 0EU
details of the Panel members may be found at http://www.hs2.org.uk/exceptional-hardship-scheme/EHS-PanelMembers-66193
9. If the application is successful the property will be valued at its unaffected realistic open
market value7 by two independent valuers from a pool of valuers familiar with the area,
one chosen by the applicant and one by HS2. If the two valuations are within 10% of
each other the Secretary of State will offer to purchase the property at the average of the
two. If the valuations are more than 10% apart an additional valuation will be obtained
and the price will be the average of the two closest valuations.
10. A formal offer to purchase a property will only be open for the life of the EHS or for two
months if the offer is made within the last two months of the scheme.
11. Applicants whose applications were rejected by the Interim EHS Panel in 2010 may reapply and the final panel will be aware that it is a re-submissions and will see the
Secretary of State‟s decision and reasoning in relation to the earlier unsuccessful
application. Likewise applicants may re-apply to the EHS Panel following a material
change in circumstances or upon provision of fresh evidence, although the panel would
expect an appropriate period of time (usually three months) between the applications.
Statutory Blight
12. Once the route has been „safeguarded‟ statutory blight provisions will apply. An owner of
land may serve a blight notice8 if he comes within s.150(1) Town and County Planning
Act (“TCPA”) 1990. The conditions for serving a blight notice are
i)
where the whole or part of a hereditament9 or agricultural unit10 is comprised in
blighted land and a person claims that;
ii)
he has a qualifying interest in that hereditament or unit;
7
this would not include additional costs such as seller‟s agents and legal fees or removal costs as these would be
incurred in any event.
8
s.159(5) TCPA 1990
9
defined in s.171(1) TCPA 1990 as „a „relevant hereditament‟ within the meaning of the Local Government Finance
Act 1988 s64(4)(a)-(c)...‟
10
defined in s.171(1) TCPA 1990 as land which is occupied as a unit for agricultural purposes, including any
dwelling house or other building occupied by the same person for the purpose of farming the land.
iii)
he has made reasonable endeavours to sell that interest or the land falls with
paragraphs 21 or 22 of schedule 13 and the powers of compulsory purchase
remain exercisable; and
iv)
because the hereditament or unit was in blighted land he has been unable to sell
that interest except at a price substantially lower than that for which it might
reasonably be expected to sell if no part was within blighted land.
13. A qualifying interest is an interest in the whole or part of 11
i)
a hereditament the annual value of which does not exceed such amount as may be
prescribed12 where the interest is that of an owner-occupier;
ii)
a hereditament where the interest is that of a resident owner- occupier of the
hereditament; or
iii)
a agricultural unit where the interest is that of an owner-occupier
14. An owner-occupier must have occupied the hereditament or part of it in right of an
„owner‟s interest‟ for the whole of the six month period ending with the date of service of
the blight notice13. If the hereditament or part of it has been unoccupied for not more than
12 months the owner-occupier is the person who occupied the hereditament or part of it
for the whole six month period immediately before the unoccupied period14.
15. An „owner‟s interest‟ is defined15 as either a freehold interest or a tenancy for a term of
years certain of which not less than three years remain unexpired at the date of service of
11
s.149(2) TCPA 1990
12
as of 1st April 2010 the prescribed amount is £34,800 in England (SI 2010/ 498)
13
s.168(1)(a) TCPA 1990
14
s.168(1)(b) TCPA 1990
15
s.168(4) TCPA 1990
a blight notice.
„Blighted land‟ is land that falls within any paragraph of schedule 13
TCPA 199016
16. Once a blight notice becomes effective the relevant authority is deemed to be authorised
to compulsorily acquire the interest and to have served a notice to treat in respect of it17.
Compensation is then assessed in accordance with the normal rules subject to ss.157-160
TCPA 1990.
Discretionary non statutory schemes
17. Many owners of property do not fall within the statutory blight provisions which do not
themselves deal with generalised blight; that is blight prior to final route announcement.
It is for this reason that both the CTRL and Crossrail had non statutory compensation
schemes. The discretionary scheme for HS2 is currently out to consultation and is not
expected to be finalised until late 2011. This paper will consider the discretionary
schemes under two hybrid bills, the CTRL and Crossrail and those used in the private
sector, most noticeably by BAA.
Crossrail Hardship Scheme
18. The discretionary scheme for Crossrail is found in Crossrail Information Paper C8
Purchase of Property in Cases of Hardship, and will run until one year after the coming
into effect of the railway. A similar scheme was also used in relation to the Channel
Tunnel Rail Link. The Crossrail hardship scheme is broadly similar to the EHS and has
six qualifying conditions:
i) The applicant must have a qualifying interest in a property for the purposes of the
TCPA 199018;
ii) The property must not be required for the Crossrail scheme19;
16
s.149(1) TCPA 1990
17
s.145(2) TCPA 1990
18
See paragraphs 13-15 above
iii) The enjoyment of the property must be seriously affected by the construction, or
prospect of construction, of Crossrail;
-
It is most likely that any serious effect upon the enjoyment of property
will be caused by noise, vibration, dust, artificial lighting, obstruction to a
right of way or access
-
The effect on enjoyment must be sustained over a period of not less than
three months and must not be transitory or trivial in character
-
The hardship policy will not apply if a claim for compensation under s.10
Compulsory
Purchase
Act
1965(
compensation
for
injurious
affection)would provide adequate redress
iv) There must be a compelling reason for the applicant to sell which may be;
-
A need to move to different or larger premises
-
Financial pressures that require the sale of the property
-
The applicant or a dependant living with the applicant has developed a
medical condition which necessitates selling and is not related to the
proposed scheme
-
Where the serious effect itself is a compelling reason to move20
The applicant or a dependant living with the applicant has a
medical condition which is likely to be severely aggravated by
physical factors caused by the construction works or
If the carrying out of the construction works does or is predicted by
the Promoter to affect the enjoyment of the property for a
19
20
Subject to an exception for subsoil acquisition only
Under this head an offer will not be made to buy the property earlier than nine months in advance of the start of
construction works in the vicinity of the property
continuous period of not less than three months such that continued
occupation is not reasonably practicable
v) The applicant must have made reasonable endeavours to sell his/her interest but have
been unable to do so except at a price 15% lower than that for which it might
reasonably have been expected to sell in the absence of the Crossrail scheme; and
vi) The applicant did not purchase his/her interest when he/she knew or ought to have
known about the Crossrail scheme
-
The hardship policy will not usually apply to property purchased after the
1990 safeguarding directions or, in relation to property unaffected by
those directions after 28 October 2004.
19. The procedure under the Crossrail Hardship Scheme is largely identical to that under the
EHS save that an offer will be open to an applicant for one month and will be subject to
completion within six weeks. Where the serious effect is itself a compelling reason to
move the applicant may also receive disturbance compensation, a home loss or basic loss
payment and an occupiers loss payment as well as reasonable surveyors‟ and legal fees.
In all other cases payment will only be made for the market value of the applicant‟s
qualifying interest.
20. In addition the Secretary of State may exceptionally consider providing assistance for
hardship cases which do not fall within the criteria of the Crossrail Hardship Scheme.
Central Railway’s Property Protection Scheme
21. In contrast to the above schemes is the Property Protection Scheme (“PPS”) operated by
Central Railway. Central Railway‟s request for a hybrid bill was finally turned down in
March 2002 and the PPS is currently suspended pending revision of the route.
22. The PPS operated by providing property owners with an option agreement to sell their
property to Central Railway at an agreed price which could be exercised once
construction work had begun in the vicinity of the owner‟s property, in effect this
operated as an insurance scheme. The price of the option was the unaffected open market
value of the property and was index linked upwards only to “Halifax PLC‟s „Existing
Houses” index, Central Railways also agreed to increase the price to reflect
improvements which have added value to the property.
23. In addition the option was automatically transferable with the property and lasted for 21
years. The PPS did not prevent owners from pursuing other rights to compensation
however; if they received other compensation then the PPS would cease to apply.
Furthermore, the homeowner also received an allowance to help with moving costs and
an additional sum for the stamp duty on the alternative property purchased.
24. The PPS applied generally to lineside properties and excluded those where the railway
would be in tunnel.
BAA Stansted and BBA Heathrow Home Owner Support Schemes
25. Following the Government white paper on „The Future of Air Transport” 2003 BAA
Stansted, in the context of their plans for a second runway21 launched the Home Owner
Support Scheme (“HOSS”) in January 2005.
26. HOSS operated by providing applicants with „qualifying interests 22‟ in properties within
the defined area which were constructed on or before 16 December 2003 to apply for an
option agreement. The option was fully transferable and valid for 15 years from January
2005 or until the runway came into operation, whichever was sooner. The option was
exercisable upon BAA Stansted announcing its intention to construct the new runway
(subject to planning permission) and until the date at which the new runway comes into
operation.
27. The price of the option agreement was the value of the property at June 2002 and then
index linked to the Land Registry published data of house price movements in the county
21
BAA‟s planning application has since been withdrawn
22
Which is the same as for the EHS
of Essex but BAA Stansted also guaranteed to purchase the property at a price no lower
than that in June 2002.
28. HOSS also encompassed a scheme for those owners who wished to sell their properties
before the option became exercisable but had been unable to do so except for 15% or
more below the index linked amount, the Assisted Relocation scheme. To qualify for the
Assisted Relocation scheme the applicant must have made every reasonable effort to sell
their property. However, and in contrast to both the EHS and the Crossrail Hardship
Scheme, there was no requirement of exceptional hardship.
29. The property must have been purchased before 16th December 200323and the length of
time for which a property must have been marketed is determined by its option price24.
30. For those owners who did not qualify for Assisted Relocation because they were able to
sell their property within 15% of the index linked price BAA operated an Early Moving
Contribution scheme. Under this scheme owners would have been paid 1% of the sale
price and the equivalent of stamp duty on the house being sold up to a maximum of 5%
of the sale.
31. A virtually identical scheme was introduced in July 2005 in connection with BAA
Heathrow‟s plans for a third runway.
Compulsory Purchase
32. Once the HS2 hybrid bill is passed, which is unlikely to be before 2015, compulsory
purchase legislation will become relevant. It seems likely, as with Crossrail and the
23
The date of the Government White Paper. Properties purchased after 13th December 2003 will still be eligible for
HOSS although the option price will take into account any incentives provided by the builder/developer.
24
Properties under £250,000 must have been market for 6 consecutive months properties between £250,000 and
£750, 00 must have been marketed for 9 consecutive months and properties in excess of £750,000 must have been
marketed for 12 consecutive months.
CTRL, that the National Compensation Code25 will, subject to some modifications, apply
to HS2.
Crossrail Act 2008
33. The compulsory purchase provisions in Crossrail Act 2008 largely mirror those in the
Channel Tunnel Rail Link Act 199626, for the purposes of this talk only the Crossrail Act
will be considered in detail.
34. Paragraph 2 Schedule 6 Crossrail Act 2008 provides that Part 1 of the Compulsory
Purchase Act 1965 is to apply, as it applies to a compulsory purchase order to which
Schedule 1 Acquisition of Land Act 1981 applies, and as if the Act were a compulsory
purchase order under the 1981 Act27.
35. However s4 of the Compulsory Purchase Act 196528 does not apply and s11 (1) has effect
subject to the amendments in paragraphs 3(3) and 4 Schedule 6 Crossrail Act 2008. The
effect of this is that :
i)
in a case where the notice to treat relates only to the acquisition of sub soil or
under-surface of land or an easement or other rights the notice period is extended
from 14 days to one month;
ii)
in any other case the notice period of 14 days is extended to three months.
36. Paragraphs 4 and 5 Schedule 6 Crossrail Act 2008 provides that the Compulsory
Purchase (Vesting Declarations) Act 1981 is to apply with modifications as if the Act
were a compulsory purchase order.
25
which consists primarily of the Land Compensation Act 1961, the Compulsory Purchase Act 1965, the Land
Compensation Act 1973 and relevant case law.
26
The key sections are 4-8, 19 and 20 and schedules 4 and 5
27
paragraph 1 Schedule 6 Crossrail Act provides that the Land Clauses Consolidation Act 1845 shall not apply to
the acquisition of land under s.6(1)
28
time for exercise of powers of compulsory purchase
37. Further, the compulsory purchase powers for Crossrail can be implemented, either
through a notice to treat and notice of entry or by executing a general vesting declaration,
for a period of five years after the powers were granted29 as opposed to three years for a
normal CPO. The Department for Transport and Transport for London may also seek an
order to extend this period for a further five years30.
38. The Crossrail Act also permits temporary possession of land for a period which can
extend up to one year after the relevant work is completed. So, for example, if a worksite
is needed for the construction of a particular section of the works, entry could be taken
when the worksite is first needed, and possession maintained for up to a year after the
section of works of completed. During that period, any rights of way across the land are
suspended31. It is also worth noting that in the Crossrail Bill, there were relatively few
areas where these temporary powers applied. For major worksites, where it was
envisaged that the land would be required for a number of years, permanent powers were
taken. Furthermore, subject to certain conditions, private rights of way across acquired
land will be extinguished32.
39. The rules for assessing compensation following acquisition of land or rights for Crossrail
are the same as for a normal CPO. In outline the person from whom land is acquired is
entitled to payment based upon the open market value of the land acquired, that value
being determined as at the relevant valuation date33. The two principal valuation
assumptions in assessing the open market value are, firstly that the land is for sale in a
„no scheme world‟ and secondly, an assumption that there is a willing seller and a willing
purchaser34. In addition the development potential of the land is taken into account35.
29
section 6(6) Crossrail Act 2008
30
section 6(7) Crossrail Act 2008
31
section 5 and schedule 5 Crossrail Act 2008
32
section 8 Crossrail Act 2008
33
sections 5(rule2) and 5A of the Land Compensation Act 1961
34
sections 5-9 Land Compensation Act 1961
40. The valuation date is the earlier of the date of entry or the date on which compensation is
determined by the Lands Tribunal.
Compensation for injurious affection where no land is taken: Compulsory Purchase Act 1965
section 10
41. In cases where no land has been compulsorily acquired but the value of the Claimant‟s
land has been depreciated by works authorised by statute he may claim compensation for
injurious affection under s.10 Compulsory Purchase Act (“CPA”) 196536. In outline s.10
CPA 1965 applies where the Claimant would have a tortious action for damages but for
the defence of statutory immunity. Compensation may be claimed for any land or interest
in land which has been injuriously affected by the execution of works authorised by
statute where the Claimant is not otherwise entitled to compensation. Section 10 may be
excluded by the authorising Act37 although given that neither the Channel Tunnel Rail
Link 1996 nor the Crossrail Act 2008 excluded this right to compensation it seems
unlikely that the HS2 Bill will do so.
42. Section 10(2) CPA 1965 expressly provides that section 10 is to be construed as affording
the same right as section 68 LCCA 1845 has been construed as affording. The basic rules
for assessing compensation are known as the „McCarthy Rules‟38 which are as follows
35
sections 14-16 Land Compensation Act 1961
36
This section applies where land has been acquired by compulsory purchase under the Acquisition of Land Act
1981Part 11 or Schedule 1 or has been acquired by agreement under the shadow of these powers. Similar rights are
also available under s.68 of the Land Clauses Consolidation Act (“LCCA”) 1845 although given that both the
Crossrail Act 2008 and the Channel Tunnel Rail Link Act 1996 both provide that the LCCA 1845 shall not apply to
acquisition within limits shown in the deposited plans it seems likely that a similar approach will be adopted in the
HS2 Bill.
37
38
Ferrar v London Sewars Commissioners (1869) LR 4 Exch 227
McCarthy relates to Metropolitan Water Board v McCarthy (1874) LR 7 HL 243 although they in fact derive
from a number of decided cases. For a modern restatement of the law see the judgment of Lord Wilberforce in
Argyle Motors (Birkenhead Ltd) v Birkenhead Corporation [1975] AC 99 and also the judgment of Lord
Hoffmann in Wildtree Hotels Ltd v Harrow London Borough Council [2001] 2 AC 1
i)
The loss must result from an act made lawful by statute: s.10 does not apply if the
authority has acted negligently or outside its statutory powers, in those instances
the Claimant‟s appropriate remedy is a claim in damages and not one for
compensation.
ii)
The loss must be such that in the absence of statutory powers it would have given
rise to a cause of action.
iii)
The loss must arise from physical interference with the land or with a right
enjoyed with it, and must result in depreciation of the value of the Claimant‟s
land.
iv)
The loss must arise from the execution of the authorised works and not from their
use.
43. Compensation is assessed by reference to rules on damages in tort. In other words
compensation should, as far as possible, put the Claimant in the position in which he
would have been had the tort not occurred.
Compensation for depreciation caused by the use of public works: Land Compensation Act
(“LCA”) 1973
44. Part I of the LCA 197339 provides a right to claim compensation where the value of a
property is depreciated by the use of public works; defined as any highway, aerodrome,
any works on land provided or used in the exercise of statutory powers. 40 Compensation
is not payable under LCA 1973 if compensation has been paid for injurious affection in
connection with the acquisition of land41.
39
Part II LCA 1973 contains provisions relating to mitigation of injurious effects of public works.
40
Section 1(3) LCA 1973
41
Bannocks v Secretary of State for Transport [1995] 2 EGLR 157
45. The right to claim compensation is where the depreciation in the value of the property has
been caused by „physical factors‟ defined as42 noise, vibration, smell, fumes, smoke and
artificial lighting and the discharge on to the land of any solid or liquid substance.
Compensation is only available where there is an immunity against actions in nuisance 43.
46. To make a claim for compensation the claimant must have a „qualifying interest44‟ in a
dwelling or land before the „relevant date‟, which, in relation to HS2 would be the date
on which it was first used following completion45.
47. No claim may be made before the „first claim day‟ 46 which is defined in section 3(2) as
the day following the expiration of twelve months after the relevant date and claims may
be made for a period of 6 years from the „first claim day‟47.
48. Compensation is assessed by reference to prices on the first claim day and in accordance
with the provisions in s.4 LCA 1973. The only permitted planning assumption48 is that
the land would have planning permission for the purposes in Part 1 Schedule 3 TCPA
1990. Section 6 LCA 1973 makes it clear that any compensation payable may be reduced
by betterment, and section 7 provides that no claim maybe unless the amount of
compensation exceeds £50. Section 8 provides further restrictions on compensation and
42
Section 1(2) LCA 1973
43
Section 1(6) LCA 1973
44
The definition of which is substantial the same as for the EHS, for more detail see section 2 LCA 1973.
45
Section 1(9)(b) LCA 1973
46
Although see the exception in s.3(3) for owners wishing to dispose of their interest during the twelve months
preceding the first claim day
47
Section 19(2A) LCA 1973 and section 9 Limitation Act 1980.
48
Section 5 LCA 1973
section 9 provides for compensation where existing public works are subject to
alterations or change of use. If compensation is payable the responsible authority will
also be required to pay any reasonable valuation or legal expenses incurred by the
Claimant for the purposes of the preparation and prosecution of the claim49.
49. It should also be noted that if a responsible authority successfully resists a claim for
compensation on the basis that there is no immunity from nuisance they cannot
subsequently raise a purported immunity in nuisance proceedings50.
Conclusion
50. It seems likely that a discretionary scheme will be introduced in addition to statutory
blight and that it will be modelled on the Crossrail Hardship Scheme as opposed to the
PPS or the HOSS. It might be questioned whether it will in substance be any different to
the EHS.
Patrick Clarkson Q.C
Katie Helmore
LANDMARK CHAMBERS
15th March 2011
49
Section 3(5) LCA 1973
50
Section 17 LCA 1973
This seminar paper is made available for educational purposes only. The views expressed in it
are those of the author. The contents of this paper do not constitute legal advice and should
not be relied on as such advice. The author and Landmark Chambers accept no responsibility
for the continuing accuracy of the contents.