Higher Broughton Regeneration Area 1(Confirmed)
Town and Country Planning Act 1990
Acquisition of Land Act 1981
Compulsory Purchase (Vesting Declarations) Act 1981
City of Salford (Higher Broughton Regeneration Area No. 1)
Compulsory Purchase Order 2003
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 Fourth day of August 2004, confirmed with modification, the City of Salford (Higher Broughton Regeneration Area No. 1) Compulsory Purchase Order, 2003 submitted by Salford City Council.
THE Order as confirmed provides for the compulsory purchase of land for the purposes of development, redevelopment and improvement by clearing the existing properties, providing new housing, including affordable properties and high quality housing, together with the relocation of existing playing fields and the provision of community facilities, land described in the schedule hereto.
A copy of the Order as confirmed by the First Secretary of State and of the map referred to therein have been deposited at the Law and Administration Division, Corporate Services Directorate, Salford Civic Centre, Chorley Road, Swinton, Salford M27 5DA and Broughton Library, 400 Bury New Road, Salford 7, 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; but a person aggrieved by the Order may by application to the High Court within six weeks from that date, question its validity on the grounds (i) that the authorisation granted by the Order is not empowered to be granted or (ii) that his interests have been substantially prejudiced by failure to comply with any statutory requirement relating to the Order.
Schedule
Land comprised in the order as confirmed
Land, buildings, businesses (some unoccupied) dwellinghouses and flats (some unoccupied) including an unoccupied multi-storey block, Public House, Shopping Precinct (known as Newbury Place Shopping Precinct – includes garages, shops and flats) also including a Public Telephone Call Box, Public Library, Disused Day Nursery, Disused Day Centre, Electricity Sub-Station, to also include four separate areas of open land (1) situate at the corner of Devonshire Street and Bond Square, (2) rear of 8-12 Wellington Street East, (3) adjacent to the Library, situate generally between Rigby Street and Bury New Road and (4) Land at Bond Square. The Order also includes the following dwellinhouses:
- Bradshaw Street North – 53-79 and 72-80
- Devonshire Street – 13-51
- Hampshire Street – 1-49 and 2-50
- Rigby Street – 46-78 and 100
- Tully Street – 47
- Vincent Street – 1-47 and 2-48
- Wellington Street East 1-9, 21-23, 2-12 and 12a-12d including Astley House
- Wiltshire Street – 17-49
To also include grassed pedestrian and car parking areas, access to properties, buildings or land (where appropriate) including all full and half widths of both highways and passageways surrounding or adjoining the aforementioned land and buildings
Part I
Form of statement of effect of parts II and III of the Compulsory Purchase (Vesting Declarations) Act 1981
Power to make 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 Declaration
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 any properties / land contained in this order please complete the online form
Dated this Twelfth day of August 2004
J.C. WILLIS
CHIEF EXECUTIVE
Salford Civic Centre,
Chorley Road,
Swinton,
Salford.
M27 5DA
This page was last updated on 29 March 2005
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