Property (Discretionary Purchase) (Hansard, 19 July 1995)

§ Mr. Norris

My right hon. Friend has today issued new guidelines for considering applications for discretionary purchase of property seriously affected by proposed trunk road or motorway widening schemes.

The new guidelines do not affect owner-occupiers' existing statutory rights under part 1 of the Land Compensation Act 1973 and apply only to those who have a pressing need to sell their property in advance of these provisions coming into play. Owner-occupiers who do not qualify under the guidelines may, nevertheless, be eligible for noise insulation. The new guidelines indicate the general manner in which cases will be considered by the Highways Agency acting on the Secretary of State's behalf, but each application for discretionary purchase will be considered on its merits.

I recommend detailed study of the guidelines for a full understanding of the way the new scheme will work. Briefly, the Highways Agency will consider eligible applications in two stages: 1325W first to see if, in the agency's opinion, enjoyment of the property will be seriously affected and, if the agency thinks it will be— second to decide whether to offer to buy, taking account of the information in the application.

The agency must be of the opinion that the enjoyment of the property will be seriously affected by either the construction or the use of the road. Serious effect may be caused by a number of factors, including noise and medical conditions which are likely to be severely aggravated by physical effects from either the construction of the road or its use. To these, the new guidelines add diminution in the value of the property as a result of the road proposal. Other factors, or combination of factors, may cause serious effect and the agency will take these into account when considering the application.

The agency's decision on whether or not to offer to buy the property will depend on whether the applicant:

had foreknowledge of the proposed road scheme;
has made reasonable efforts to sell the property; and
has a pressing need to move and therefore to sell the property—which normally must not be connected with the scheme.

I should emphasise that the agency will normally also need to be of the opinion that the enjoyment of the property will be seriously affected by both diminution in value and noise arising during the construction period or during the first year following the opening of the road to traffic.

The Highways Agency will aim to arrive at a decision on a properly completed application within three months of its receipt.

I have arranged for a copy of the guidelines to be placed in the Library.

Comparable guidelines will be used for considering applications for discretionary purchase of property seriously affected by the proposed channel tunnel rail link. I have arranged for a copy of these guidelines to be placed in the Library also.

Both sets of guidelines come into immediate effect.