THE ST HELENS BOROUGH COUNCIL (LAND SOUTH OF NEWTON LE WILLOWS RAILWAY STATION AND OFF ALFRED STREET) COMPULSORY PURCHASE ORDER 2015 THE TOWN AND COUNTRY PLANNING ACT 1990 AND THE ACQUISITION OF LAND ACT 1981Notice ID: AC3516293
St Helens Council
THE ST HELENS BOROUGH COUNCIL (LAND SOUTH OF NEWTON LE WILLOWS RAILWAY STATION AND OFF ALFRED STREET) COMPULSORY PURCHASE ORDER 2015 THE TOWN AND COUNTRY PLANNING ACT 1990 AND THE ACQUISITION OF LAND ACT 1981
1. Notice is hereby given that the Secretary of State for Communities and Local Government, in exercise of his powers under the above Acts, on 16 November 2016 confirmed with modifications the St Helens Borough Council (Land South of Newton Le Willows Railway Station and off Alfred Street) Compulsory Purchase Order 2015 submitted on behalf of the St Helens Borough Council.
2. The order as confirmed provides for the purchase of land described in the Schedule hereto for the purposes of facilitating the carrying out of development, redevelopment or improvement on or in relation to the land comprising the demolition of existing buildings and the erection of new buildings or structures to provide a public transport interchange including bus interchange facilities, passenger pick-up /drop off facilities, facilities for taxis, car parking and disabled car parking facilities, cycle parking facilities and related infrastructure and wider accessibility improvements to Newton-le-Willows Railway Station which development is likely to contribute to the achievement of the promotion or improvement of the economic, social or environmental well-being of the acquiring authority's area.
3. A copy of the order as confirmed by the Secretary of State for Communities and Local Government and of the map referred to therein have been deposited at Newton le Willows Library, Crow Lane East, Newton le Willows, Merseyside WA12 82A and at St Helens Borough Council, Planning Reception, Town Hall, Victoria Square, St Helens, WA10 1DY and may be seen there at all reasonable hours and is also available to view online at: www.sthelens.gov.uk.
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.
LAND COMPRISED IN THE ORDER AS CONFIRMED:
1. A strip of land approximately 3.5m wide running the length of the eastern boundary of the existing Newton-le-Willows Railway Station car park lying to the immediate south of the railway line and of Newton Le Willows Station and accessed from Alfred Street.
2. The industrial and storage land comprising the land formerly known as the Orrell Plant Sales Site (WA12 8BH), lying to the immediate south of the railway line and of Newton le Willows Railway Station and accessed off Alfred Street comprising an office building, workshop unit four industrial units, hard standing, access, car parking, and storage space, and including two telecommunications masts and related facilities and equipment.
Statement of Effect of Parts II and III of the Compulsory Purchase (Vesting Declarations) Act 1981 Power to make general vesting declaration
1. The St Helens Borough Council (hereinafter called The Acquiring Authority) may acquire any of the land described in the Schedule 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 Acquiring Authority at the end of the period mentioned in paragraph 2 below. A declaration may not be made before the end of a period of two months from the first publication of a notice which includes this statement except with the consent in writing of every occupier of the land affected.
Notices concerning general vesting declaration
2. As soon as may be after the Acquiring Authority 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 28 days, 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 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 3) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date. Modifications with respect to certain tenancies
Modifications with respect
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", 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 still 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.
4. 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 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 14 days 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 executed in respect of all the land comprised in the Order (other than land in respect of which notice to treat has been served), would be entitled to claim compensation in respect of any such land is invited to give information to the Acquiring Authority making the declaration in the form prescribed by the Compulsory Purchase of Land (Vesting Declarations) Regulations 1990, Form 2, Part 2(a) with respect to his/her name and address and the land in question. The prescribed from is set out below.
Dated this 1 st December 2016 Signed Jan Bakewell
Head of Legal Services, St Helens Borough Council
FORM FOR GIVING INFORMATION The St Helens Borough Council (Land South of Newton-Le-Willows Railway Station and off Alfred Street) Compulsory Purchase Order 2015
To: Mark Fisher, St Helens Borough Council
Legal Services, Town Hall, Victoria Square, St Helens, WA10 1 HP
[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 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 3 of that Act.
1 Name and address of informant(s) (i)
2 Land in which an interest is held by informant(s) (ii)
3 Nature of interest (Hi)