We have advised landowners on a variety of projects across the UK including road schemes, flood mitigation arrangements and utility projects. At present, we are particularly involved in the proposed HS2 railway.

Each case is individual, requiring bespoke advice according to the client’s own priorities; sometimes, a change in circumstances may lead to a change in strategy, requiring careful consideration.

This was the case for one individual owning an equipped 100-acre arable and grassland farm, affected by Phase 2B. We arranged a meeting with HS2 and our client to discuss the scheme and voice our concerns, as proposals sever the farm into two equal parts. We also engaged in a Farm Impact Assessment and put in place a Licence for ecology survey work. 

Initially, the client’s objectives were threefold:

• to retain as much of the property as possible.
• mitigate the impact of the scheme on the farming business.
• to maximise any compensation.

Fisher German devised a strategy which maximised the compensation payable for Severance and Injurious Affection. Phase 2B is not expected to receive Royal Assent until 2023 and therefore this was a long-term plan.

However, the landowner has sadly passed away, and as a result, priorities have changed.  The property is not considered practically farmable once divided, and therefore the decision has been made to dispose of it to HS2, if possible.

The Statutory Blight & Express Purchase Scheme was discussed, and strategy put in place to ensure the new owners fulfil the tests of eligibility, enabling a Blight Notice to be served, and initiating purchase by the statutory authority.

These include:

• owning a property partly or wholly in the Safeguarded Area
• holding a qualifying interest in that property
• occupying the property for sufficient timeframes
• reasonable endeavours have been made to sell the property, except for in specific scenarios

Once the Blight Notice has been accepted by HS2, Market Value of the property will be assessed and a disposal negotiated.

If you are affected by HS2 or other compulsory scheme, we have a national team of compulsory purchase specialists who can offer professional advice. We will advise on all Statutory Compensation payments available, and if appropriate our dedicated Farm Agency team can assist in sourcing an alternative holding at the appropriate time.

For further information email Matthias Charlton here

View our compulsory purchase brochure here