Planning proposals may have an adverse effect on property so that an owner-occupier is unable to realise the market value that would have been obtainable had the owner’s land not been affected by the proposals because prospective purchasers either will not proceed with the purchase or, having learned of the planning proposals will only offer a lower price. This is generally referred to as ‘planning blight’ and ss.149-171 Town and Country Planning Act 1990 are designed to relieve hardship by making it possible, subject to conditions, for owner-occupiers or mortgagees of certain properties to require the relevant authority to purchase their interests. Practice Note 15/2 sets out in detail the provisions and their interpretation. Read the Rules
This really is rather an interesting idea but this is not necessarily a quick fix. Should this be accepted it would drive a coach and horses through planning and councils. Imagine the millions that they will have to pay out. However there is a caveat that should the developer not be a utility or council where does the home owner stand. Certainly such as those impacted by Beauly-Denny this may be a way out. But why should we be virtually forced out of our homes? If such as SSE or Scottish Power own the windfarm are they deemed a utility or developer. Like much in wind it relies on the attitude of councils and government and the resolve of those impacted.