The Safeguarding process for the first phase of HS2 could be completed by early May. This will clearly identify all the land needed for the operation and construction of the major infrastructure project and protects it from any developments that could hinder the progress of the project.
Knight Frank says that once Safeguarding Directions have been issued, planning permissions are unlikely to be awarded for any new buildings within the Safeguarding zone, which may, in some circumstances extend beyond the 60 metres from the centre of the line indicated in the consultation process.
Safeguarding is also a significant moment for affected property owners because it triggers what is known as the Statutory Blight process. This is not renowned for its simplicity, but it means those with properties within the Safeguarding zone can then apply to the government to buy their homes, commercial premises or land for an unaffected open market value, rather than waiting for the government to compulsorily purchase them.
‘I would suggest for those property owners facing total, or near total, land loss the need to be ready to make a Statutory Blight claim is more relevant than they may have realised,’ said James Del Mar, head of Knight Frank's HS2 team.
‘Many people will have been holding out for the detail of the long awaited Discretionary Compensation Schemes, but the outcome of the recent Judicial Review means that those schemes are now at least an additional six months away, if not more,’ he explained.
‘Consequently, and on the basis that they may not be the lifeline that so many people expect, the only current option is a formal Statutory Blight Claim, a complex and detailed process not renowned for its simplicity or effectiveness. Prudent property owners will be taking advice now,’ he added.