NOTICE OF CONFIRMATION OF COMPULSORY PURCHASE ORDER THE DARLINGTON BOROUGH COUNCIL (SNIPE LANE) COMPULSORY PURCHASE ORDER 2020 TOWN AND COUNTRY PLANNING ACT 1990 AND THE ACQUISITION OF LAND ACT 1981Notice ID: BRA2089660
NOTICE OF CONFIRMATION OF COMPULSORY PURCHASE ORDER THE DARLINGTON BOROUGH COUNCIL (SNIPE LANE) COMPULSORY PURCHASE ORDER 2020 TOWN AND COUNTRY PLANNING ACT 1990 AND THE ACQUISITION OF LAND ACT 1981
1. Notice is hereby given that Mr Kevin Gordon, an officer of the Planning Inspectorate acting on behalf of the Secretary of State for Housing, Communities and Local Government in exercise of his powers under the above Acts, on 28th April 2021 confirmed with modifications The Darlington Borough Council (Snipe Lane) Compulsory Purchase Order 2020 submitted by the Darlington Borough Council.
2. The order as confirmed provides for the purchase of the Land described in Schedule 1 below for the purpose of facilitating the carrying out of development, redevelopment or improvement on or in relation to the Land comprising the construction of new highways infrastructure (including improved access by motor vehicles, on foot and other modes of transport), up to 449 new affordable and market dwellings, and related landscaping.
3. A copy of the order as confirmed by the Secretary of State for Homes, Communities and Local Government and of the map referred to therein have been deposited at the Council Offices at the Town Hall, Darlington, DL1 5QT where they may be seen online at the Council's website:
e3tates-and-property/snipe-lane-compulsory-purcha3e-order-2020/ In the event that the Council's website cannot be accessed for any reason, copy documents can be sent by post. To request documents, contact the Council at:PASupportAs3i3tants@darlington.gov.uk
or telephone 01325 405823.
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, Darlington 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 effect 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 Darlington Borough Council at Assistant Director (Law and Governance), Darlington Borough Council, Town Hall, Darlington, DL1 5QT, 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.
Dated: 28th May
Assistant Director (Law and Governance) Darlington Borough Council, Town Hall, Darlington, DL1 5QT
SCHEDULE 1 LAND COMPRISED IN THE ORDER AS CONFIRMED
Land to be Acquired Number on the Map
Description off Land_
All interests in a narrow strip of land comprising surfaced track and grass verge between hedges, orientated east-west and running from the junction with Neasham Road at the eastern end to the junction with the track leading to Newstead Farm and Livery at the western end and measuring
_4.168 square metres in area._
All interests in a strip of land comprising concrete track and grass verge between hedges, orientated north-south and running from its junction with Snipe Lane at the southern end to the entrance to Newstead Farm and Livery at the northern end and measuring 1,255 square metres in area. All interests in a triangular piece of land overgrown with brambles and scrub between converging
hedge lines and grass verge to the northern side of Snipe Lane close to the junction of Snipe
Lane and Neasham Road and measuring 81 square metres in area. SCHEDULE 2
FORM OF STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 Power to Make General Vesting Declaration
1. Once The Darlington Borough Council (Snipe Lane) Compulsory Purchase Order 2020 has become operative, Darlington Borough Council (the "Acquiring Authority") 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 Acquiring Authority at the end of the period mentioned in paragraph 2 below.
Notices concerning general vesting declaration
2. As soon as may be after the Acquiring Authority execute a general vesting declaration, they must serve notice of it on every occupier of any 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 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 Acquiring Authority together with the right to enter on the Land and take possession of it. Every person on whom the Acquiring Authority could have served a notice to treat in respect of his interest in the Land (other than a tenant under one of the tenancies described in 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 the 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 still 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 Acquiring Authority 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 3 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 DARLINGTON BOROUGH COUNCIL (SNIPE LANE) COMPULSORY PURCHASE ORDER 2020 To: Assistant Director (Law and Governance) Darlington Borough Council, Town Hall, Darlington, DL1 5QT
[I] [We] being [a person] [persons] who, if a general vesting declaration were made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the compulsory purchase order cited above, in respect of which notice of treat has not been given, would be entitled to claim compensation in respect of [all] [part of] that land, give you the following information, pursuant to the provisions of section 15 of, or paragraph 6 of Schedule 1, of 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)......................................................................................................................
[On behalf of]
(i) In tiie case of a joint interest insert the names and addresses of all the informants.
(ii) The land should be described concisely.
(Hi) 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 incumbrance, details should be given, e.g., name of building society and roll number.