Basildon History Online - Compulsory Purchase Order Example

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Dunton and Langdon Hills

1984 Compulsory Purchase Order Example

A 1984 Basildon Development Corporation Compulsory Purchase Order relating to land at Dunton and Langdon Hills and scheduled to take effect in 1985.

These orders appeared in local newspapers and were also drawing pinned to a wooden board attached to a stake, which was driven into the ground in the areas or properties to which the orders applied to.

THE NEW TOWNS ACT 1981

BASILDON DEVELOPMENT CORPORATION

SOUTH WEST AREA OPEN SPACE

COMPULSORY PURCHASE ORDER 1984 NUMBER 6

NOTICE IS HEREBY GIVEN that the Secretary of State for the Environment in exercise of the powers vested in him under the above Act on the Thirtieth day of April One Thousand Nine Hundred and Eighty Five confirmed (with modifications) the Basildon Development Corporation South West Area Open Space Compulsory Purchase Order 1984 Number 6 submitted to him by Basildon Development Corporation
The Order as confirmed provides for the purchase for the purpose an area of open space the land described in the Schedule hereto
A copy of the Order as confirmed by the Secretary of State for the Environment and of the Map referred to therein, have been deposited at the offices of the Corporation, at Gifford House, London Road, Bowers Gifford, Basildon, Essex 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 (1) 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
NOTICE IS HEREBY FURTHER GIVEN that whereas no Notice to Treat has been given in respect of any of the lands described in the Schedule hereto NOW THE CORPORATION INTEND at the end of the period of two months from the date on which this Notice is first published in exercise of the power conferred on them by Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981
TO MAKE A GENERAL VESTING DECLARATION in respect of the lands described in the schedule hereto
A Statement of the effect of Parts II and III of the Compulsory Purchase (Vesting Declarations) Act 1981 is given hereunder
NOW THEREFORE all persons who, if a General Vesting Declaration were made in respect of the relevant lands, would be entitled to claim compensation in respect thereof are invited to give to the Corporation at Gifford House, Basildon, Essex information by making a declaration in the prescribed form (which can be obtained from the Corporation) with respect to their names and addresses and the land in question, before the end of the said period of two months from the date of first publication of this Notice

Statement of the effect of Parts II and III of the
Compulsory Purchase (Vesting Declarations) Act 1981

POWER TO MAKE GENERAL VESTING DECLARATION

1. Basildon Development Corporation (hereinafter called "the Corporation") may acquire any of the land described in the Schedule hereto by making a General Vesting Declaration under Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 which has the effect subject to paragraph 4 below of vesting the land in the Corporation 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 including this statement except with the consent of every occupier of the land affected.

NOTICES CONCERNING GENERAL VESTING DECLARATION

2. As soon as may be after the Corporation make a General Vesting Declaration they must serve notice of it on every occupier or 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 including this Statement. When the service of notices of the General Vesting Declaration is completed, an intermediate period before vesting begins to run. This period, which must not be less than 28 days, will be specified in the Declaration. At the end of this period the land described in the Declaration will, subject to what is said in paragraph 4, vest in the Corporation together with the right to enter on the land and take possession of it. In addition every person on whom the Corporation 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 compensation for the acquisition of his interest in the land and to interest on the compensation from the date of vesting.

APPLICATION TO CERTAIN TENANCIES

3. In the case of certain tenancies, the position stated above is subject to modifications. For the modifications to apply the tenancy must be either a "minor tenancy", i.e. a tenancy for a year or yearly tenancy or a tenancy for 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 at the date of the General Vesting Declaration 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 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 extend his interest.

NOTICE OF ENTRY

4. The Corporation may not exercise the right of entry referred to in paragraph 2 in respect of land subject to one of the tenancies 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) 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.

SEVERANCE

5.   If the effect of the General Vesting Declaration will be to sever a house, building or factory, or a park or garden belonging to a house, by vesting part of it in the Corporation and leaving part of it with the person who is entitled to, and is in a position to sell, the whole, that person may serve on the Corporation a notice of objection to severance. A notice of objection to severance, in order to be effective, must be served by that person within 28 days of the service on him by the Corporation of the notice of the General Vesting Declaration referred to in paragraph 2 (save in the exceptional cases referred to in paragraph 10 of Schedule 1 of the Compulsory Purchase (Vesting Declarations) Act 1981). This (save those exceptional cases) stops the objector's interest from vesting in the Corporation until his rights in the matter have been settled. The Corporation have (save in those exceptional cases) three courses open to them:
      (1)   they may serve the objector with a notice which in effect excludes the objector's land from the scope of the Declaration (and, if he receives no notice from the Corporation under one of the other two alternatives within three months after he has served them with his notice of objection to severance, they will be treated as having done this); or
      (2)   they may serve him with notice that the Declaration shall have effect in relation to the whole of the land (in which case the Declaration will take effect in accordance with the notice);or
      (3)   they may refer the objection to the Lands Tribunal and give him notice that they have done so.

POWERS OF THE LANDS TRIBUNAL IN SEVERANCE CASES

6. If the Lands Tribunal determine that the part of the objector's property comprised in the Declaration can be taken without material detriment (where the objection concerns the taking of part of a house, building or factory) or (where the objection concerns the taking of part of a park or garden) can be taken without seriously affecting the amenity or convenience of the house, the notice of objection ceases to have effect, so that the land affected, i.e. the part of the property comprised in the Declaration, will vest in the Corporation. If the Lands Tribunal do not decide in that way, they must decide what part (if any) of the objector's land the Authority ought to be required to take in addition to the part comprised in the Declaration. The Declaration will then take effect as if both these parts had been comprised in the Declaration.

APPOINTMENT OF RENT-CHARGE

7. If any of the relevant land forms part of property subject to a rent-charge, and the rent-charge is apportioned between the relevant land and the remainder of the property by agreement or by award of the Lands Tribunal under Section 18 of the Compulsory Purchase Act 1965, the part apportioned to the relevant land will be treated as having been extinguished by virtue of Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 on the vesting of that land in the Corporation, and after that the owner of the land will only be liable to pay the part apportioned to the remainder of the property. Compensation for the extinguishment will be payable to the person entitled to the rent-charge, and may be settled by agreement between him and the Corporation or determined by the Lands Tribunal. Alternatively the owner of the land and the person entitled to the rent-charge may agree that the part of the property which is comprised in the relevant land shall be released from the rent-charge and that the whole rent-charge shall be charged on the remainder of the property. This will operate to release the relevant land from the rent-charge and to charge the whole rent-charge on the remainder of the property.

APPORTIONMENT OF RENT

8. Where any of the relevant land forms part of property subject to a tenancy, the rent will be apportioned between the relevant land and the remainder of the property on the vesting in the Corporation of the tenancy of the relevant land. After that, the tenant will only be liable for that part of the rent which is apportioned to the remainder of the property. Any compensation to which he may be entitled for severance of his property will be assessed with reference to the severance caused by that vesting.

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A summary of the properties and land Compulsory Purchased by Basildon Development Corporation in the Order Number 6 is as follows:

Land to the south side of Berry Drive.

Western Avenue: The site of a property known as "Tree Tops".

Land to the west side of Western Avenue.

Western Avenue: Land and property known as "Chookaberry".

Land at Stack Avenue together with the soil of Stack Avenue fronting the land.

Stack Avenue: Land and property known as "Shanklin".

Land to the north side of First Avenue.

First Avenue: Land and property known as "Everest".

Hillcrest Avenue: The site of a property known as "The Elms".

First Avenue: Land and property known as "Thorngrove".

Hillcrest Avenue: Land and property known as "Iona".

Land to the east side of Hillcrest Avenue.

Land to the north side of Second Avenue.

Land to the east side of Lower Dunton Road.

Land to the south side of Second Avenue.

Land to the west side of Hillcrest Avenue.

Lower Dunton Road: Land and property known as "Anna Lina".

Land to the south side of Third Avenue.

Land to the north side of Fourth Avenue.

Land with a frontage to Fourth Avenue and Central Avenue.

Hillcrest Avenue: Land and property known as "High Trees".

Hillcrest Avenue: Land and property known as "Four Elms".

Land to the south side of Fourth Avenue.

Fourth Avenue: The site of a property known as "Roseglen".

Land to the west side of Ronald Avenue.

Land to the west side of Lincewood Park Drive.

Land to the north side of Egerton Drive.

Land to the north side of Wheaton Avenue.

Land to the south side of Wheaton Avenue.

Land known as Woodlands Avenue running eastwards from Recreation Avenue to Lincewood Park Drive.

Land known as Alexander Road running eastwards from Lincewood Park Drive.

Land to the south side of Woodlands Avenue with frontage to Recreation Avenue.

Land to the south side of Alexander Road.

Land comprising the southern section of Lincewood Park Drive running southwards from its junction with Alexander Road.

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Page added: 2002

Other points of interest:

This is thought to be the final Compulsory Purchase Order made by Development Corporation in the South West Area Open Space area of Langdon Hills and Dunton.

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