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THE BASILDON BOROUGH COUNCIL (Fryerns And Craylands) (Phase North) Compulsory Purchase Order 2020 The Town and Country Planning Act 1990 and the Acquisition of Land Act 1981

Notice ID: MFN0641346

Notice effective from
13th January 2022 to 12th February 2022

THE BASILDON BOROUGH COUNCIL
(Fryerns And Craylands) (Phase North) Compulsory
Purchase Order 2020 The Town and Country Planning Act 1990 and the Acquisition of Land Act 1981
Notice is hereby given that the Secretary of State for Communities and Local Government, in exercise of his powers under the above Ads, on 24th August 2021 confirmed the above order submitted by Basildon Borough Council.
The order as confirmed authorises Basildon Borough Council to purchase compulsorily the land described in Schedule 1 for the purpose of facilitating the development, redevelopment and improvement of land in the area of the acquiring authority known as the Craylands Estate (Phase North).
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 Basildon Borough Council Offices, St. Martins Square, Basildon, SS141DL and may be seen 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 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.
Once the order has become operative, Basildon Borough Council may acquire any of the land described in Schedule 1 below by executing a general vesting declaration under Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. A statement on the effect of Parts 2 and 3 of that Act is set out in Schedule 2 below.
Every person who, if a general vesting declaration were executed under Section 4 of that Act in respect of land comprised in the order (other than land of which notice to treat has been given), would be entitled to claim compensation in respect of any such land is invited to give information to the Basildon Borough Council at Basildon Borough Council Offices, St. Martins Square, Basildon, SS141 DL, about the person's name, address and interest in land, using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.

SCHEDULE 1
LAND COMPRISED IN THE ORDER AS CONFIRMED:


Number on Map - Extent, description and situation of the land
1 - All interests in approximately 283 square metres of house and garden known as 26 Wells Gartens, Basildon (SS14 3QS) except those owned by the acquiring authority
2 - All interests in approximately 314 square metres of land, garden, ground and first floor flat known as 33 Wells Gardens, Basildon (SS14 3QS), except those owned by the acquiring authority
4 - All interests in approximately 131 square metres of land, garden, ground and first floor flat known as 12 Chichester Close, Basildon (SS14 3QR), except those owned by the acquiring authority
5 - All interests in approximately 119 square metres of land, garden, ground and first floor flat known as 9 Peterborough Way, Basildon (SS14 3QE), except those owned by the acquiring authority
6 All interests in approximately 51 square metres of second and third floor flat known as 17 Peterborough Way, Basildon (SS14 3QE) except those owned by the acquiring authority
7 All interests in approximately 49 square metres of second and third floor flat known as 21 Peterborough Way, Basildon (SS14 3QE) except those owned by the acquiring authority
8 All interests in approximately 116 square metres of land, garden, ground and first floor flat known as 31 Peterborough Way, Basildon (SS143QE), except those owned by the acquiring authority

SCHEDULE 2

STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Power to execute a general vesting declaration

Once the Basildon Borough Council (Fryerns and Craylands) (Phase North) Compulsory Purchase Order 2020 has become operative the Basildon Borough Council (hereinafter called "the Authority") may acquire any of the land described in Schedule 1 above by executing a general vesting declaration under Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("the Act"). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in the Authority at the end of the period mentioned in paragraph 2 below.
Notices concerning general vesting declaration
As soon as may be after the Authority execute 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 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in the confirmation notice of the order. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in the Authority together with the right to enter on the land and take possession of it. Every person on whom the 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 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.
The "vesting date" for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the Act within that period. In such circumstances, the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.
Modifications with respect to certain tenancies
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 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. The modifications are that the Authority may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 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 three months 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.

SCHEDULE 3
FORM FOR GIVING INFORMATION
The Basildon Borough Council (Fryems and Craylands) (Phase North) Compulsory Purchase Order 2020

TO: The Head of Legal and Democratic Services
ADDRESS: Basildon Borough Council, Council Offices, St. Martins Square, Basildon, SS141 DL
(I) (We) being (a person)(persons), who, if a general vesting declaration were executed 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, hereby give you the following information, pursuant to the provisions of Section 15 of, or paragraph 6 of Schedule 1, to the Acquisition of Land Act 1981.
Name and address of informants) (i)
...................................................................................................................................
Land in which an interest is held by informants) (ii)
...................................................................................................................................
Nature of interest (iii)
...................................................................................................................................
Signed (on behalf of)
...................................................................................................................................
Date:
...................................................................................................................................

In the case of a joint interest insert the names and addresses of all the informants.
The land should be described concisely.
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, e.g. name of building society and roll number.
Date:
...................................................................................................................................
Signature:
...................................................................................................................................

Attachments

MFN0641346.pdf Download

Basildon Borough Council

The Basildon Centre , St. Martin s Square , Basildon , Essex , SS14 1DL

http://www.basildon.gov.uk/ 01268 533 333

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