THE LONDON BOROUGH OF ENFIELDNotice ID: WAT0234239
THE LONDON BOROUGH OF ENFIELD (NEW AVENUE ESTATE REGENERATION) COMPULSORY PURCHASE ORDER 2016 THE TOWN AND COUNTRY PLANNING ACT 1990 AND THE ACQUISITION OF LAND ACT 1981
Notice of Confirmation by an Acquiring Authority of a Compulsory Purchase Order and Intention to make a General Vesting Declaration
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 6 April 2017 confirmed the London Borough of Enfield (New Avenue Estate Regeneration) Compulsory Purchase Order 2016 submitted by the Acquiring Authority.
2. The order as confirmed provides for the purchase of land for the purposes of facilitating the carrying out of development, redevelopment and / or improvement on or in relation to the land for the provision of 400 new homes, including 140 affordable home, multi-purpose nursery/community centre, community amenity space and parking to contribute to the promotion and improvement of the economic, social and environmental well-being of the Acquiring Authority's area described in Schedule 1 hereto.
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 London Borough of Enfield's offices at the Civic Centre, Silver Street, Enfield, EN1 3XA and may be inspected between 09.00 and 17.00 Monday to Friday and are also available for inspection on the Council's website www.enfield.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 AND RIGHTS COMPRISED IN THE ORDER AS CONFIRMED
Description of Land and Rights to be Acquired
1. The land comprising the whole of Cowper Gardens amenity space and Hood Avenue open space
2. The land and buildings comprising the whole of Shepcot House and associated land
3. The land and buildings comprising 1-72 Coverack Close and part of Coverack Close 1-72
4. The land and buildings comprising 1-19 Beardow Grove and associated land 1-19
5. The land and buildings comprising 1 - 8 Oakwood Lodge and associated land
6. The garages to the rear of Lousada Lodge and associated land
Dated this 12 of July 2017
Jayne Middleton - Albooye
Acting Assistant Director (Legal and Governance)
London Borough of Enfield
FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 PART 1
Power to Make General Vesting Declaration
1. The London Borough of Enfield (the "Council") 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 Council 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 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 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 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 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
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", ie 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.
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 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.
NOTE: If a general vesting declaration were made in respect of the land comprised in the order (other than land in respect of which notice to treat has been given) every person would be entitled to claim compensation in respect of any such land and they are invited to give information to the Council in the prescribed form with respect to their name and address and the land in question. The relevant prescribed form is set out below.
FORM FOR GIVING INFORMATION
THE LONDON BOROUGH OF ENFIELD (NEW AVENUE ESTATE REGENERATION) COMPULSORY PURCHASE ORDER 2016
To: Mr Paul White - Project Manager New Avenue Estate Regeneration London Borough of Enfield Civic Centre Silver Street Enfield EN1 3XA
[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 3 of that Act. 1. Name and Address of informants) (i)
2. Land in which an interest is held by informant(s) (ii)
3. Nature of interest (iii)
[On behalf of]......................................................................................................................
(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 incumbrance, details should be given, eg name of building society and roll number.