In November 2016, HS2 Ltd safeguarded the route between Crewe and Manchester.

This part of the route is known as Phase 2b and runs through the heart of Cheshire, affecting areas such as Crewe, Pickmere and High Legh.

The principle of safeguarding is to protect the route from development that may conflict with land required for the high speed rail route.

Until the route between Crewe and Manchester was safeguarded, affected property owners could only apply for compensation under what was known as the Exceptional Hardship Scheme. In order to qualify, the affected party had to demonstrate that they would suffer exceptional hardship if they could not sell their property. 

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The recent safeguarding announcement in November has introduced new compensation provisions. It allows affected parties who have property that falls within the safeguarded area to serve a blight notice, subject to meeting and demonstrating certain criteria. A successful blight notice will require the Secretary of State for Transport to purchase the interest in that property at full market value.

Under statutory blight, in accordance with the Town and Country Planning Act 1990, it is necessary to demonstrate that you have attempted to sell your property at market value but have been unable do so due to the effects of a scheme, such as HS2. However, the Express Purchase Scheme allows affected parties who have property within the safeguarded area and who meet the required eligibility criteria, to serve a blight notice without having marketed their property.

A successful blight notice will also provide a loss payment for 10% of the value of the property (up to £53,000). In most cases compensation for reasonable professional fees (including surveyors and solicitors) can be covered, as well as removal expenses and Stamp Duty Land Tax.

Fisher German represent clients affected by Phase 1, Phase 2a and Phase 2b, giving us a wealth of experience when it comes to providing advice and representing those who are affected. 

If you are affected by HS2 and want to discuss your options, please contact either Hugh Maxfield or Claire Riddlestone in Fisher German’s Knutsford Office.

Email: hugh.maxfield@fishergerman.co.uk                              Email: claire.riddlestone@fishergerman.co.uk

Tel: 01565 757973                                                                      Tel: 01244 757975