Status: Awaiting Results
Disposal of land
NOTICE OF CONFIRMATION BY AN ACQUIRING AUTHORITY OF A COMPULSORY PURCHASE ORDER
THE ROTHER DISTRICT COUNCIL (BLACKFRIARS) COMPULSORY PURCHASE ORDER 2020
THE TOWN AND COUNTRY PLANNING ACT 1990
AND THE ACQUISITION OF LAND ACT 1981
- Notice is hereby given that the Rother District Council, in exercise of the powers of the confirming authority under the above Acts, on 18th October 2021 confirmed the Rother District Council (Blackfriars) Compulsory Purchase Order 2020 made by it. All objections to the order received within the permitted period have been withdrawn and consequently notification was given by the Secretary of State for Housing, Communities and Local Government that the power to confirm the order may be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.
- The order as confirmed provides for the purchase of the land described in Schedule 1 hereto for the purposes of facilitating the carrying out of development, redevelopment and improvement on or in relation to such land comprising the construction of a residential development, a spine road to serve the development, with vehicular access off Harrier Lane and The Spinney, the delivery of public open space and associated works which will contribute to the promotion and improvement of the economic, social and environmental well-being of the Acquiring Authority’s area.
- A copy of the order as confirmed by the Rother District Council and of the map referred to therein have been deposited at Rother District Council’s Offices at Town Hall, London Road, Bexhill-On-Sea, TN39 3JX (Monday and Tuesday 9am-5pm, Wednesday 9.30am-5pm, Thursday 9am-5pm and Friday 8.30am-4.30pm) (subject to restrictions relating to Covid-19); and on the Council’s website at www.rother.gov.uk/blackfriars.
- 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.
- Once the order has become operative, the Rother District 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 of the effect of Parts 2 and 3 of that Act is set out in Schedule 2 below.
- Every person who, if a general vesting declaration were executed under section 4 of the 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 Rother District Council at Town Hall, London Road, Bexhill-On-Sea, TN39 3JX 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.
LAND COMPRISED IN THE ORDER AS CONFIRMED
DESCRIPTION OF LAND
The land particularised in the Order and identified on the map referred to in the Order, being land of approximately 153458 square metres situated within Battle bound by Harrier Lane to the north and Hastings Road to the south.
FORM OF STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Power to Make General Vesting Declaration
- Once the Rother District Council (Blackfriars) Compulsory Purchase Order 2020 has become operative, the Rother District 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 paragraph 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
- As soon as may be after the Council make 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 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 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.
- 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
- 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.
- 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.