50 Barff Road, Weaste
Salford City Council (50 Barff Road, Weaste)
Compulsory Purchase Order 2006
Housing Act 1985
and the Acquisition of Land Act 1981
Compulsory Purchase (Vesting Declarations) Act 1981
Notice of Confirmation of a Compulsory Purchase
Order and Intention To Make a General Vesting Declaration
Notice is hereby given that the Council of the City of Salford in exercise of the
powers of the confirming authority under the above Acts on the Twentieth day
of October 2006, confirmed, the Salford City Council (50 Barff Road, Weaste)
Compulsory Purchase Order, 2006 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 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 for the purposes of
improvement of the area by bringing the house in the schedule upto a
standard that would be suitable as accommodation, as described in the
Schedule.
A copy of the Order as confirmed by the Council of the City of Salford and of
the plan referred to therein have been deposited at the Land and Property
Section, Customer and Support Services, Salford Civic Centre, Chorley
Road, Swinton, Salford. M27 5DA and Salford Information Centre, Broadwalk
Library, The Broadwalk, Salford, M6 5FX, and may be seen there at all
reasonable hours.
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 six 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.
Schedule
Land comprised in the order as confirmed
Vacant dwellinghouse 50 Barff Road, Weaste, including the half width
portions of both Barff Road to the front and passageway to the rear,
containing 124.0 square metres.
Part 1 below contains a statement of effect of parts II and III of the compulsory
purchase (vesting declarations) Act 1981
PART 1
Power to make a general vesting declaration
1. Salford City Council may acquire 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 Salford City 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 declarations
2. As soon as may be after Salford City 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 Salford City Council together with the
right to enter on the land and take possession of it. Every person on whom
Salford City 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 to 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.
4. The modifications are that Salford City Council may not exercise the right
of entry referred to in paragraph 2 in respect of the 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). 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.
If you have a vested interest in the land or property contained within this
confirmed order please complete the online form.
Dated this Twenty sixth day of October 2006
Barbara Spicer
Chief Executive
Salford Civic Centre,
Chorley Road,
Swinton,
Salford.
M27 5DA
This page was last updated on 02 November 2006
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