They can make the applications as the majority of the route has been safeguarded which means the project is off the drawing board and a step closer to reality.
In planning terms, safeguarding protects the route, typically 60 metres either side, from any development that could adversely affect its construction.
From the perspective of affected property owners, it is also the trigger point for Statutory Blight claims. These are available to the owner occupiers of homes that fall within or partly within the safeguarded zone and will need to be acquired by the government for the construction or the use of the railway.
The process is also available to owner occupiers of commercial properties with an annual rateable value of up to £34,800 and owner occupiers of agricultural units which include a dwelling and are wholly or partly within the safeguarding zone.
Where a claim is successful, the government will buy the property for its unblighted value plus a home loss payment of 10% of its value up to £47,000 and reasonable moving costs.
Statutory blight claims must be made for a property in its entirety, even if only a portion will be required for the construction of HS2. Compensation is available if the government decides to acquire only part of a property and the portion retained by the owner falls in value due to what is known as severance or injurious affection.
To make a claim under the current rules, property owners will have to prove that they have made reasonable efforts to sell their home or business. The government, however, says it is planning to consult on this requirement and hopes to have it removed by early 2014.
Property owners do not have to make a Statutory Blight claim, but can instead wait for the government to issue a Compulsory Purchase Order and negotiate at that point. However, these will not be issued until the HS2 Hybrid Bill receives royal assent, which is likely to be in 2015.
James Del Mar, head of property consultants Knight Frank’s HS2 team, said that the safeguarding process could help some of those affected to draw a line under the issue.
‘It has been a very stressful time for those who have had to live in the shadow of HS2 for the past three years. While a Statutory Blight claim will never make up for the loss of their homes, it will, at least, allow them to move on and try and put this behind them,’ he explained.
Both Statutory Blight and Compulsory Purchase are complex areas of law, but the government will pay the professional fees of those affected.
‘People need not worry about taking the best advice possible. With some claims likely to be worth many millions of pounds, it is absolutely vital that property owners are well advised and thoroughly prepared when making any claims,’ added Del Mar.
Knight Frank is one of very few major firms of property consultants that did not apply to work for HS2 Ltd, the organisation charged by the government with delivering HS2, and therefore has no conflicts of interest.
‘Right at the beginning we made a conscious decision to represent only those adversely affected and not to even apply to join HS2 Ltd’s panel of consultants, which now includes most of the country’s large surveying practices,’ said Del Mar.
