FORM OF NOTICE OF CONFIRMATION BY AN ACQUIRING AUTHORITY OF A COMPULSORY PURCHASE ORDERNotice ID: WAR1212329
FORM OF NOTICE OF CONFIRMATION BY AN ACQUIRING AUTHORITY OF A COMPULSORY PURCHASE ORDER
THE BOROUGH OF BLACKBURN WITH DARWEN
(41 NEW WELLINGTON STREET, BLACKBURN) COMPULSORY PURCHASE ORDER 2019
NEW WELLINGTON STREET, BLACKBURN) COMPULSORY PURCHASE ORDER
The Housing Act 1985 and the Acquisition of Land Act 1981
The Compulsory Purchase (Vesting Declarations) Act 1981
NOTICE IS GIVEN TO ANY PERSON having an interest in the land mentioned below
1. Notice is hereby given that the Blackburn with Darwen Borough Council, in exercise of the powers of the confirming authority under the above Acts, on the 14th day of June 2019, confirmed the Borough of Blackburn with Darwen (41 New Wellington Street, Blackburn) Compulsory Purchase Order 2019 made by it. No objections to the order were received within the permitted period and consequently notification was given by the Secretary of State for Housing, Communities and Local Government that the power to confirm the order may be exercised by the acquiring authority in accordance with section 14A of the Acquisition of Land Act 1981.
2. The order as confirmed provides for the purchase for the purposes of the provision of housing accommodation by disposing of the house to bring about its re-use of the land described in Schedule 1.
3. A copy of the order as confirmed by the Blackburn with Darwen Borough Council and of the map referred to therein have been deposited at the office of the Director of Growth and Development, Town Hall, Blackburn. BB1 7DY and may be seen at all reasonable hours.
4. The order as confirmed becomes operative on the date on which this notice is first published. A person aggrieved by the order may, by application to the High Court within 6 weeks from that date, challenge its validity under section 23 of the Acquisition of Land Act 1981. The grounds for challenge can be that the authorisation granted by the order is not empowered to be granted or that there has been a failure to comply with any relevant statutory requirement relating to the order.
5. Once the Order has become operative, Blackburn with Darwen Borough Council may acquire any of the land described in Schedule 1 below by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. A statement on the effects of Parts 2 and 3 of that Act is set out in Schedule 2 below.
6. Every person who, if a general vesting declaration were executed under Section 4 of that Act in respect of the land comprised in the order (other than land in respect of which notice to treat has been given), would be entitled to claim compensation in respect of any such land, is invited to give information to the Blackburn with Darwen Borough Council at Town Hall, Blackburn. BB1 7DY. about the person's name, address and interest in land, using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.
SCHEDULE 1 LAND COMPRISED IN THE ORDER AS CONFIRMED
Vacant former fish and chip shop and dwelling house 41 New Wellington Street, Blackburn BB2 4DY SCHEDULE 2
FORM OF STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 Power to execute a general vesting declaration
1. Once the Borough of Blackburn with Darwen (41 New Wellington Street, Blackburn) Compulsory Purchase Order 2019 has become operative, the Blackburn with Darwen Borough Council (hereinafter called 'the Council') may acquire any of the land described in Schedule 1 above by executing a general vesting declaration under Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("The Act"). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in the Council at the end of the period mentioned in paragraph 2 below.
Notices concerning general vesting declaration
2. As soon as may be after the Council executes a general vesting declaration, they must serve notice of it on every occupier of the land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in the confirmation and making notice of the order. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in the Council together with the right to enter on the land and take possession of it. Every person on whom the Council could have served a notice to treat in respect of his interest in the land (other than a tenant under one of the tenancies under paragraph 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.
3. The "vesting date" for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the Act within that period. In such circumstances, the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.
Modifications with respect to certain tenancies
4. In the case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a "minor tenancy", i.e. a tenancy for a year or a yearly tenancy or a lesser interest, or "a long tenancy which is about to expire". The latter expression means a tenancy granted for an interest greater than a minor tenancy but having on the vesting date a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has to run, where any option to renew or to terminate it is available to either party, it shall be assumed that the landlord will take every opportunity open to him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.
5. The modifications are that the Council may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 unless they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with a notice of their intention to enter and take possession after the period (not less than three months from the service of the notice) specified in the notice. The right of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.
SCHEDULE 3 FORM FOR GIVING INFORMATION THE BOROUGH OF BLACKBURN WITH DARWEN (41 NEW WELLINGTON STREET, BLACKBURN) COMPULSORY PURCHASE ORDER 2019 To : The Project Manager (Housing) Growth Team
Blackburn with Darwen Borough Council Town Hall Blackburn BB1 7DY
[I] [We] being [a person] [persons] who, if a general vesting declaration were made under Section 4 of the Compulsory Purchase (Vesting Declaration) Act 1981 in respect of all land comprised in the compulsory purchase order cited above in respect of which notice to treat has not been given, would be entitled to claim compensation In respect of [all] [part] of that land, hereby give you the following information, pursuant to the provisions of Section 15 of, or paragraph 6 of Schedule 1, to the Acquisition of Land Act 1981.
1. Name and Address of informant(s) (i)..................................................................
2. Land in which an interest is held by informant(s) (ii).
3. Nature of Interest (III)........................................................................................
[On behalf of]......................................................................................................
(i) In the case of a joint interest insert the names and addresses of all the claimants.
(ii) The land should be described concisely.
(Mi) If the interest is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other encumbrance, details should be given, eg. Name of Building Society and roll number.
Dated the 20th day of June 2019 Martin Kelly
Director of Growth and Development Town Hall
Blackburn. BB1 7DY