Appendix 15/2: Summary of Blight Provisions in Highways Cases

The Valuation Office Agency`s technical manual covering all aspects of compulsory purchase and compensation.

Statutory provision	Type of purchase	Qualifying interest	Reason	Time limit for exercise of powers
Sections 149 – 171 T&CP Act 1990	Compulsory acquisition (exercised by owner)	Required	Statutorily blighted	Current or proposed
Section 246(1) HA 1980	Compulsory/discretionary acquisition	Not necessary	Adverse effect on surroundings of highway	If compulsory, before highway first open to public traffic
				If by agreement, before the expiry of one year after highway first open to public traffic
Section 246(2)(a) HA 1980	Discretionary acquisition	Required	Enjoyment of land seriously affected by construction of highway	Before highway first open to public traffic
Section 246(2)(b) HA 1980	Discretionary acquisition	Required	Enjoyment of land seriously affected by use of highway	Before the expiry of one year after highway first open to public traffic
Section 246(2A) HA 1980	Discretionary acquisition	Required	Enjoyment of land will be seriously affected by construction or use of highway	In advance of scheme
Section 248 HA 1980	Discretionary acquisition	Not necessary	Required for scheme at later date	In advance of scheme