NOTICE OF CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDERNotice ID: WAT0270221
NOTICE OF CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDER THE LONDON BOROUGH OF ENFIELD (PONDERS END ELECTRIC QUARTER) COMPULSORY PURCHASE ORDER 2016 THE TOWN AND COUNTRY PLANNING ACT 1990 AND THE ACQUISITION OF LAND ACT 1981
1. Notice is hereby given that the Secretary of State for Communities and Local Government, in exercise of his powers under the above Acts, on 16 June 2017 confirmed The London Borough of Enfield (Ponders End Electric Quarter) Compulsory Purchase Order 2016 submitted by the London Borough of Enfield.
2. The order as confirmed provides for the purchase of the land described in Schedule 1 hereto for the purposes of facilitating the carrying out of development, re-development or improvement on or in relation to such land consisting of:
i. the demolition of 14,212 sqm of existing floor space that comprises residential, education, retail, community and commercial floor space and a car park; and
ii. the construction of residential units and approximately 1379 sqm of commercial, retail and community floor space to include a library, new access roads, car parking and the provision of amenity space and landscaping.
which will contribute to the promotion and improvement of the economic, social and environmental well-being of the London Borough of Enfield's area.
3. 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 London Borough of Enfield's offices at the Civic Centre, Silver Street, Enfield, EN1 3XA and on the Council's website www.enfield.gov.uk and may be seen at all reasonable hours.
4. 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.
5. Once the order has become operative, the London Borough of Enfield 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 of the effect of Parts 2 and 3 of that Act is set out in Schedule 2 below.
6. Every person who, if a general vesting declaration were executed under section 4 of the Act in respect of the land comprised in the order (other than land in respect 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 London Borough of Enfield at the Civic Centre, Silver Street, Enfield, EN1 3XA 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 AND RIGHTS COMPRISED IN THE ORDER AS CONFIRMED
Access way leading to the former Ted Lewis Hall and workshop Yard and workshop forming part of 230 High Street Access road and industrial premises at 230 High Street Land comprising part of the grounds of the former Ted Lewis Hall Electricity substation to the rear of 230 High Street Land and access way to the rear of 232 High Street Store room, ladies teaching room and fire escape to Jalalia Jamme Masjeed (also known as Enfield Jamia Masjid) at 228 High Street Access road adjacent to 228 High Street leading to 230 High Street Closed access way leading to the rear of the former Beef and Barrel Public House
Land at the site of the former Beef and Barrel Public House Land at the site formerly known as 204-214 (evens) High Street Commercial property and yard to the rear of 200-202 (evens) High Street
Parking area, retail premises and residential premises known as 200 and 202 High Street Retail premises at 198 High Street Residential premises at 198A and 198B High Street Retail premises at 196 High Street Retail premises at 194 High Street Retail premises at 192 High Street Retail premises at 190 High Street
Retail premises and yard known as 188 High Street and advertising hoarding Play area for 198 High Street situated to the rear of 188-196 High Street Grassed areas, car park, library, and footpath leading to Ponders End United Reformed Church Car park and footpath leading to College Court Multi-storey car park and access way leading to the rear of 230 High Street
SCHEDULE 2 PART 1
FORM OF STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Power to Make General Vesting Declaration
1. Once the London Borough of Enfield (Ponders End Electric Quarter) Compulsory Purchase Order 2016 has become operative, the London Borough of Enfield (the "Council") 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 paragraph 3 and 5 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 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 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in the 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 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 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 or the land which is the subject of the counter-notice 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", ie 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 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 PART 2
FORM FOR GIVING INFORMATION THE LONDON BOROUGH OF ENFIELD (PONDERS END ELECTRIC QUARTER) COMPULSORY PURCHASE ORDER 2016
To: London Borough of Enfield
C/O Bevan Brittan LLP (Ref 91888-40/KL), Kings Orchard, 1 Queen Street, Bristol, BS2 0HQ. [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 of 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, or paragraph 6 of Schedule 1, to the Acquisition of Land Act 1981.
1. Name and Address of informant(s) (i)
2. Land in which an interest is held by informant(s) (ii)
3. Nature of interest (Hi)
[On behalf of]
(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, eg name of building society and roll number.
Dated this 16th day of August 2017 Jayne Middleton-Albooye
Acting Assistant Director (Legal and Governance) London Borough of Enfield ENFIELD