If you are a landowner impacted by compulsory purchase, you might like to know about the Crichel Down rules. But what are they and why are they important following the cancellation of the eastern leg of the HS2 Project?
The Crichel Down rules are a set of non-statutory recommendations which apply to central Government bodies. They will be of particular interest to anyone whose land was acquired for the development of the now cancelled Eastern leg of HS2.
In brief, the rules state that if a Government body (like HS2 Ltd) compulsorily buys land for a specific project which doesn’t go ahead, the former owner should have the first right of refusal to buy back the land, provided it has not changed materially (i.e. been developed). The price is negotiable but aims to provide an independently approved market value. The rules may also apply to land sold voluntarily if it was under threat of compulsory purchase.
The Government can hold on to the land while they decide if the land is genuinely surplus, if it will be used in other projects, or while the initial plans are still under review. This can take a long time as there is no strict time limit for this stage, but former owners should be notified in the event of any exceptions to the rules.
However, if the land is deemed to be surplus, it should be offered back at fair market value, this is often done by contacting former owners offering sale of the land at an approved market value. If the former owner decides to repurchase the land within two months, two additional months are afforded to negotiate terms. Following this, another 6 weeks are set aside to negotiate price specifically. It is worth noting these time scales are policy only and may be negotiable.
Where the rules are not followed, the Ombudsman can find that the Government body has failed to follow its own policies and recommend a review of internal process alongside an issued apology to those affected.
Judicial Review is also available within a three-month window of poor decision‑making by the Government body in applying the policy. This might include acts which are illegal, unfair, or irrational. But, as the rules are not directly enforceable, outcomes are not certain and costs can be high.
If you want to discuss this further, get in touch with a member of our Agriculture Department on 01242 801748 or www.franksmithandco.com.