Details
BARNSLEY METROPOLITAN BOROUGH COUNCIL
THE METROPOLITAN BOROUGH OF BARNSLEY
(CO-OPERATIVE STREET AND VICTORIA STREET, GOLDTHORPE)
(REDEVELOPMENT) COMPULSORY PURCHASE ORDER 2024 (“the Order”)
PART 1
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. The Order is now operative and the Barnsley Metropolitan Borough Council (hereinafter called “the Council”) may acquire any of the land described in the Schedule to the Order by making a general vesting declaration under Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. This has the effect, subject to paragraph 3 below, of vesting the land in the Council at the end of the period mentioned in paragraph 2 below. Notices concerning general vesting declaration
2. As soon as may be after the Council makes 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 period specified in the declaration, of not less than 3 months will begin to run. 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 paragraphs 3 & 5, 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 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.
3. The “vesting date” for any land specified in a declaration will be the first date 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 counternotice will be determined in accordance with Schedule A1 Modifications with respect to certain tenancies 4. 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.
5. The modifications are that the 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 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 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.
SCHEDULE
LAND TO BE SUBJECT TO THE GENERAL VESTING DECLARATION
91.08 square metres comprising of back-alley way rear of 8 to 18 Cooperative
Street, Goldthorpe, Rotherham (Sub soil under adopted highway).
192.03 square metres comprising of back-alley between properties on Cooperative Street and Victoria Street, Goldthorpe, Rotherham. (Sub soil under adopted highway).
3.41 square metres comprising half width of back-alley way to the rear of 4 Victoria Street, Goldthorpe, Rotherham. (Sub soil under adopted highway).
Service Director – Law & Governance
PO Box 634
Barnsley
S70 9GG
Date: 01 October 2024
AW/Goldthorpe/CPO
PART 2
FORM FOR GIVING INFORMATION
THE METROPOLITAN BOROUGH OF BARNSLEY (CO-OPERATIVE STREET AND VICTORIA STREET, GOLDTHORPE (REDEVELOPMENT) COMPULSORY PURCHASE ORDER 2024 (“the Order”)
To:- Executive Director of Core Services & Service Director Law PO Box 634
Barnsley
S70 9GG
[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 to 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 15 of that Act.
1. Name and address of informant(s) (i)
2. Land in which an interest is held by informant(s) (ii)
3. Nature of interest (iii)
Signed
[on behalf of ]
Date
(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, e.g. the name of the building society and roll number.