Blight notices and the right to require purchase
Statutory blight is narrower than the everyday sense. The notice works only where the land falls within Schedule 13, the owner qualifies, and a genuine sale attempt has failed.
A blight notice in planning is the mechanism that lets an owner say to a public authority: your scheme has made my property unsaleable, so buy it now. It applies where land falls into one of the categories of statutory blight set out in the Town and Country Planning Act 1990, where the owner has a qualifying interest, and where reasonable endeavours to sell have failed except at a price substantially depressed by the scheme.
It is not a remedy for a refusal of planning permission. That is a purchase notice, a different provision with a different test. Blight is about public proposals hanging over private land.
What statutory blight means
Blight in the everyday sense covers any proposal that puts buyers off. Statutory blight is narrower. The land has to fall within one of the descriptions in Schedule 13 to the 1990 Act, which lists the circumstances in which the right arises.
The effect of a valid notice is substantial. Where it is accepted, or an objection to it fails, the authority is deemed to be authorised to acquire the interest compulsorily and to have served a notice to treat, so compensation follows through the ordinary compulsory purchase code.
The threshold is correspondingly demanding. Three conditions all have to be met, and failing any one defeats the notice.
The categories of blighted land
Schedule 13 sets out the qualifying circumstances. In broad terms they cover land identified for the functions of a public authority in a development plan or in an adopted proposal, land on the line of a proposed new or improved highway, land safeguarded for highway, rail or other infrastructure schemes, land within the area of a compulsory purchase order that has been made or is proposed, land within a clearance area, and land affected by certain new town, urban development and similar designations.
| Circumstance | Typical example |
|---|---|
| Allocated in a development plan for a public authority's functions | A site shown for a new school or highway depot |
| On the line of a proposed road improvement | Frontage land on a published route |
| Safeguarded for infrastructure | Land within a safeguarding direction for a rail scheme |
| Within a made or proposed compulsory purchase order | Land named in the order schedule |
| Within a clearance area | Housing identified for clearance |
A proposal circulating informally, or a scheme discussed in a committee report but not adopted, does not generally create statutory blight. Neither does a private development that a neighbour dislikes. Check the schedule against the precise status of the scheme affecting your land before spending anything.
Who has a qualifying interest
The right is confined to defined categories of owner, and the point of the restriction is that the provisions exist to protect people who cannot wait for the scheme to resolve.
The principal categories are the owner-occupier of a dwelling, the owner-occupier of an agricultural unit, and the owner-occupier of other land whose annual value does not exceed a prescribed limit. Investors and larger commercial owners fall outside, and so does a purchaser who bought with knowledge of the scheme in most circumstances.
Occupation is tested by a statutory period. In general terms the claimant must have occupied the whole or a substantial part of the property for a period of six months ending with the date of the notice, or for six months ending not more than twelve months before it, with the property unoccupied in the interim. Personal representatives and mortgagees have their own provisions.
Reasonable endeavours to sell
This condition defeats more notices than any other, and it is the one owners take least seriously.
The claimant must show that reasonable endeavours have been made to sell the interest and that it could not be sold except at a price substantially lower than might reasonably have been expected but for the scheme. That requires a properly conducted marketing exercise rather than a few enquiries among neighbours.
What the tribunal looks for:
- Instruction of an agent appropriate to the property type, with a written record of the instruction.
- A realistic asking price, evidenced by a valuation prepared on a defensible basis.
- Marketing across the channels a buyer would actually use, sustained over a meaningful period.
- A full log of viewings, enquiries and offers, with the reasons any offer was withdrawn or reduced.
- Evidence, ideally in writing, that the public scheme was the reason buyers withdrew or discounted.
- A valuation of the interest both with and without the scheme, showing the extent of the depression in value.
That last item is the technical heart of the claim, and it needs a valuer who can defend the figures. A Viability Assessment style approach, prepared by a suitably qualified professional and reviewed before submission, is the right level of rigour. Where the affected land is a smallholding, an Agricultural Land Classification survey may also help evidence what the holding is actually worth in use.
Serving the notice and the counter notice
The notice is served on the appropriate authority, which is the body whose scheme causes the blight rather than the local planning authority in every case. Identifying the correct recipient matters, because serving on the wrong body wastes the notice.
The authority then has two months to serve a counter-notice objecting. The grounds available to it are prescribed and include that no part of the land falls within a qualifying category, that it does not propose to acquire any part of the land, that it proposes to acquire only part, that the claimant does not hold a qualifying interest, and that reasonable endeavours to sell have not been made.
If no counter-notice is served within the period, the notice takes effect and the acquisition proceeds.
Referring an objection to the tribunal
Where a counter-notice objects, the claimant may refer the matter to the Upper Tribunal, and the time limit for doing so is short. The tribunal decides whether the objection is well founded, and may uphold the notice, uphold the objection, or in some cases require the authority to acquire part.
Preparation matters more than advocacy here. The tribunal is being asked a factual question about marketing, valuation and the status of the scheme, so the quality of the marketing log and the valuation evidence usually decides it. Where an authority has objected on the ground that it does not propose to acquire, ask for that position in writing, because it is frequently more equivocal than the counter-notice suggests.
Compensation and what it covers
Compensation follows the compulsory purchase code. The principal head is the open market value of the interest, assessed disregarding the effect of the scheme itself, which is the point of the whole exercise. Disturbance payments, reasonable professional fees and, for residential occupiers, the statutory home loss and basic loss payments may also arise depending on circumstances.
One honest observation. Blight notices are slow, and the period between serving the notice and receiving money is measured in many months even where nothing is contested. Where a move is urgent for health or employment reasons, take advice on whether the authority operates a discretionary purchase scheme, since several do and those can be quicker than the statutory route.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Enter your postcode on PlanScope to see what evidence a case of this kind usually needs, or browse the 66 report types by category.
Frequently asked questions
What is the difference between a blight notice and a purchase notice?
A blight notice arises where a public scheme affects land and prevents a sale at a reasonable price. A purchase notice arises where a planning refusal or condition leaves land incapable of reasonably beneficial use. They sit in different parts of the Act, have different tests and are served in different circumstances.
Which land counts as blighted?
Only land falling within the descriptions in Schedule 13 to the Town and Country Planning Act 1990. These cover land allocated for a public authority's functions, land on the line of a proposed highway, land safeguarded for infrastructure, land within a made or proposed compulsory purchase order, and land in a clearance area, among others.
Can a landlord or investor serve a blight notice?
Generally not. The right is confined to owner-occupiers of dwellings, owner-occupiers of agricultural units, and owner-occupiers of other land within a prescribed annual value limit. The occupation condition is tested over a statutory period, so an investor letting the property to a tenant will usually fall outside.
What counts as reasonable endeavours to sell?
A properly conducted marketing exercise: an appropriate agent, a defensible asking price, sustained marketing through the channels a buyer would use, and a full log of viewings, enquiries and offers. Evidence in writing that buyers withdrew or discounted because of the public scheme carries particular weight.
How long does the authority have to object?
Two months from service, by way of a counter-notice on one of the prescribed grounds. If no counter-notice is served within that period the notice takes effect. Where a counter-notice objects, the claimant may refer the matter to the Upper Tribunal within a short statutory period.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.