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Duchy Road, Salford (Clearance Area)

(Confirmed without modification)

Salford City Council Duchy Road Clearance Area

Compulsory Purchase Order 2005

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 First Secretary of State in exercise of his powers under the above Acts on the Twelfth day of May 2006, confirmed without modification, the Salford City Council (Duchy Road (Clearance Area)) Compulsory Purchase Order, 2005 submitted by the Council of the City of Salford.

The Order as confirmed provides for the purchase for the purposes of undertaking or otherwise securing the demolition of buildings in a clearance area and the satisfactory development or use of the cleared area, the land described in the Schedule hereto.

A copy of the Order as confirmed by the First Secretary of State 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 6 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

Dettingen Street  1/31, 2/18, 22/32
Duchy Road  1/19 and 23/39
Egmont Street  2/18, 24/32, 3/21 and 25/31
Minden Street  1/31, 2/14 and 18/32
12 Occupied garages situate on the corner of Duchy Road adjacent to Bank Lane

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 Thirteenth day of July 2006

Barbara Spicer
Chief Executive
Salford Civic Centre
Chorley Road
Swinton
Salford
M27 5DA

This page was last updated on 20 July 2006

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