THE METROPOLITAN BOROUGH OF BURY (LAND ADJACENT TO KAY STREET BRIDGE, SUMMERSEAT) COMPULSORY PURCHASE ORDER 2018 The Highways Act 1980 and the Acquisition of Land Act 1981Notice ID: WAR0924551
THE METROPOLITAN BOROUGH OF BURY (LAND ADJACENT TO KAY STREET BRIDGE, SUMMERSEAT) COMPULSORY PURCHASE ORDER 2018 The Highways Act 1980 and the Acquisition of Land Act 1981
1. Notice is hereby given that the Secretary of State for Transport, in exercise of his powers under the above Acts, on 22nd November 2018 confirmed with modifications The Metropolitan Borough of Bury (Land Adjacent to Kay Street Bridge, Summerseat) Compulsory Purchase Order 2018 submitted by the Metropolitan Borough of Bury (hereinafter referred to as "Bury Council").
2. The order as confirmed provides for the purchase of the land and new rights described in Schedule 1 hereto for the purpose of the repair and improvement of the highway at Kay Street Bridge in Summerseat including widening of the highway on the upstream side of the bridge in order to provide a segregated single carriageway and pedestrian footway and construction of parapet wall.
3. A copy of the order as confirmed by the Secretary of State for Transport and of the map referred to therein have been deposited at Bury Town Hall Reception, Knowsley Street, Bury BL9 OSW 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, Bury 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 hi 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 hi respect of any such land, is invited to give information to Bury Council at Legal Services, Town Hall, Knowsley Street, Bury BL9 OSW 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 to be Acquired
1.147 square metres of land comprising 108 square metres of river bed, banking and the existing river pier immediately to the east of and abutting Kay Street Bridge and 19 square metres of tarmac hard standing immediately to the south of the area described above and directly adjacent to Kay Street, Summerseat together with 20 square metres of land immediately to the north of the river comprising an area that was formerly the northern elevation of the Waterside Inn.
2. 85 square metres of land to the north and east of Waterside Road and immediately to the north of Kay Street Bridge comprising a paved and cobble stoned area. The low stone wall forming the southern perimeter of The Spinnings landscaped area provides the boundary to the subject area of land.
New Rights to be Acquired
3. In respect of 200 square metres of land comprising river bed and the air space above immediately to the east of the area described in 1, an area of banking immediately to the north of the river and an area of banking and hardstanding immediately to the south of the river, the right for the acquiring authority and all persons authorised on its behalf to enter the areas for the purpose of constructing and thereafter maintaining and repairing Kay Street bridge and the parapet wall to be constructed to the north of the river.
4. In respect of 48 square metres of land comprising hardstanding immediately to the north of the river, the right for the acquiring authority and all other persons authorised on its behalf to enter the area for the purpose of constructing and thereafter maintaining and repairing Kay Street bridge and the parapet wall to be constructed to the north of the river.
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 Metropolitan Borough of Bury (Land Adjacent to Kay Street Bridge) Compulsory Purchase Order 2018 has become operative, Bury 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 Bury Council at the end of the period mentioned in paragraph 2 below.
Notices concerning general vesting declaration
2. As soon as may be after Bury Council 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 Bury Council together with the right to enter on the land and take possession of it. Every person on whom Bury 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.
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 Al 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 Al.
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 Bury 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.
FORM FOR GIVING INFORMATION
The Metropolitan Borough of Bury
(Land Adjacent to Kay Street Bridge, Summerseat)
Compulsory Purchase Order 2018
To: Bury Council
[I] [We] being [a person] [persons] who, if a general vesting declaration were executed 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] [part of] that land, 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 informants) (i)
2. Land in which an interest is held by informants) (ii)
3. Nature of interest (iii)
[on behalf of]
1. In the case of a joint interest insert the names and addresses of all the informants.
2. The land should be described concisely.
3. 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.
Council Solicitor Dated: 6th December 2018
TOWN HALL, BURY, LANCASHIRE BL9 OSW