§ Sir John StanleyTo ask the Secretary of State for Transport what is his policy on the use of his discretionary powers to buy, in advance of statutory blight provisions becoming operable, homes that are blighted by the announcement of proposed new road works; and what criteria he adopts in deciding which homes he will buy.
§ Mr. ChopeWhere there is a genuine possibility that any part of a property may be required for one of our highway schemes, we are empowered to consider advance acquisition under section 248 of the Highway Act 1980. For owner-occupied residential property the criteria against which each application for purchase is considered are:
- (a) a compelling reason for wishing to sell immediately, other than the prospect of the highway scheme;
- (b) the reason why a sale cannot be achieved except as a discount is because of the road proposal; and
- (c) serious financial hardship would result if the Department did not buy.
§ Sir John StanleyTo ask the Secretary of State for Transport under what statutory powers his Department is currently purchasing homes that are blighted by the proposal to widen the M20 between junctions 3 and 5.
§ Mr. ChopeThe majority of properties have been purchased under the blighted land provisions of the Town and Country Planning Act 1990 contained in paragraph 16 of schedule 13. A few have been the subject of discretionary purchase under section 248 of the Highways Act 1980.
§ Sir John StanleyTo ask the Secretary of State for Transport whether personal hardship is a factor that he takes into account in deciding whether to use his discretionary powers to buy, in advance of statutory blight provisions becoming operable, homes that are blighted by the announcement of proposed new road works.
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§ Mr. ChopeYes, for those homes where there is a genuine possibility that part of the land may be required for proposed new road works.
§ Sir John StanleyTo ask the Secretary of State for Transport if he will specify the legislative provisions that give him statutory powers to buy, in advance of statutory blight provisions becoming operable, homes that are blighted by the announcement of proposed new road works.
§ Mr. ChopeSection 248 of the Highways Act gives my right hon. and learned Friend the Secretary of State power to acquire, at his discretion, property not immediately required for road purposes but which in his opinion may be so required.