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Notice of confirmation by an Acquiring Authority of a Compulsory Purchase Order

NOTICE OF CONFIRMATION BY AN ACQUIRING AUTHORITY OF A COMPULSORY PURCHASE ORDER

THE OADBY AND WIGSTON BOROUGH COUNCIL (41-43 CANAL STREET, SOUTH WIGSTON)

COMPULSORY PURCHASE ORDER 2017

Section 17 Housing Act 1985 and the Acquisition of Land Act 1981

1. Notice is hereby given that the Oadby and Wigston Borough Council, in exercise of the powers of the confirming authority under the above Acts, on 20th March 2018 confirmed The Oadby and Wigston Borough Council (41-43 Canal Street, South Wigston) Compulsory Purchase Order 2017 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, facilitating the redevelopment and regeneration of a long standing vacant property to bring it back into beneficial use and enabling an overall improvement to the environmental quality of the area of the land described in Schedule 1.

3. A copy of the order as confirmed by the Oadby and Wigston Borough Council and of the map referred to therein have been deposited at the

Oadby and Wigston Borough Council Customer Services Centre,

Bell Street,

Wigston,

Leicester.

LE18 1AD

South Wigston Library,

Bassett Street,

South Wigston,

Leicester.

LE18 4PE

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, the Council may acquire any of the land described in Schedule 1 below by making a general vesting declaration under Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981(as amended). A statement to the effect of Parts II and III of that Act is set out in Schedule 2 below.

SCHEDULE 1

LAND COMPRISED IN THE ORDER AS CONFIRMED

  1. All interests in land known as 41-43 Canal Street, South Wigston, Leicester. LE18 4PN.

SCHEDULE 2

NOTICE OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTINGDECLARATIONS) ACT 1981

POWER TO MAKE GENERAL VESTING DECLARATION

1. The Oadby and Wigston Borough Council (hereinafter called “the Council”) may acquire any of the land described in Schedule 1 above by making a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. This has the effect, subject to Paragraph 4. 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 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 3.), and on every person who gives them information relating to the land in pursuance of the invitation contained in any notice. When the service of notices of the general vesting declaration is completed, a further period begins to run. This period, which must not be less than three months, will be specified in the declaration. On the first day after the end of this period (the vesting date) the land described in the declaration will, subject to what is said in Paragraph 4., 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 their interest in the land (other than a tenant under one of the tenancies described in Paragraph 3.) will be entitled to claim compensation for the acquisition of their interest in the land, with interest on the compensation from the vesting date.

MODIFICATIONS WITH RESPECT TO CERTAIN TENANCIES

3. 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, that is, 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 them to terminate the tenancy while the tenant will use every opportunity to retain or renew their interest.

4. 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 3., 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.

5. Every person who, if a general vesting declaration were made in respect of all 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 authority making the declaration in the prescribed form with respect to their name and address and the land in question. The relevant prescribed form is set out in Schedule 3 below.

SCHEDULE 3

FORM FOR GIVING INFORMATION

The Oadby and Wigston Borough Council (41-43 Canal Street, South Wigston) Compulsory Purchase Order 2017

To: Alex Ward, Economic Regeneration Team Leader, Oadby and Wigston Borough Council, Council Offices, Station Road, Wigston, Leicestershire LE18 2DR.

[I OR We] being [a person OR 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 to treat has not been given, would be entitled to claim compensation in respect of [all OR part of] that land, give you the following information, pursuant to the provisions of section 3 of that Act.

  1. Name and address of informant(s) (i)

………………………………………………………………………………………………….

  1. 2. Land in which an interest is held by informant(s) (ii)

…………………………………………………………………………………………………

  1. 3. Nature of interest (iii)

…………………………………………………………………………………………………

Signed:

…………………………………………………………………………………………………

[on behalf of]

Date:

…………………………………………………………………………………………………

(i) In the case of a joint interest insert the names and addresses of all the informants

(ii) The land should be described concisely

(iii) 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, e.g. name of building society and roll number.

Dated: 20 April 2018

Signed:

David Gill

Head of Law and Governance

Oadby and Wigston Borough Council

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