HIGHWAYS ACT 1989 AND ACQUISITION OF LAND ACT 1981 THE WARRINGTON BOROUGH COUNCIL (A57 LIVERPOOL ROAD/LINGLEY GREEN AVENUE - JUNCTION IMPROVEMENTS) COMPULSORY PURCHASE ORDER 2019Notice ID: MF0500031
WARRINGTON BOROUGH COUNCIL
HIGHWAYS ACT 1989 AND ACQUISITION OF LAND ACT 1981 THE WARRINGTON BOROUGH COUNCIL (A57 LIVERPOOL ROAD/LINGLEY GREEN AVENUE - JUNCTION IMPROVEMENTS) COMPULSORY PURCHASE ORDER 2019
1. Notice is hereby given that the Secretary of State for Transport, in exercise of his powers under the above Acts, on 18 June 2019 confirmed with modifications the Warrington Borough Council (A57 Liverpool Road/Lingley Green Avenue - Junction Improvements) Compulsory Purchase Order 2019 ("the Order") submitted by the Warrington Borough Council ("the Council").
2. The Order as confirmed provides for the purchase for the purposes of improving the existing highway junction at the A57 Liverpool Road and the A5280 Lingley Green Avenue, which are highways maintainable at the public expense, the use in connection with the improvement of highways, and the mitigation of any adverse effects, of the land described in the Schedule hereto.
3. A copy of the order as confirmed by the Secretary of State and of the map referred to therein have been deposited at Contact Warrington, 26-30 Horsemarket Street, Warrington WA1 1XL and may be seen between the hours of 9am-5pm Monday to Friday (4pm on a Tuesday).
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.
SCHEDULE - THE LAND COMPRISED IN THE ORDER AS CONFIRMED The land comprised in each item to the schedule is identified on the plan referred to in the compulsory purchase order by means of the number shown against that item. References to ownership are references to ownership or reputed ownership at the time of preparation of the compulsory purchase order and are stated only for the purpose of identification of the land:
1. 1054sqm. Part public adopted highway (Lingley Green Avenue (A5280)) and part grass verge situated to the west of 10-20 Pyecroft Close, Warrington (owned by Wainhomes (Southwest) Limited and Warrington Borough Council)
2. 63sqm. Public house premises (The Trigger Pond, Lingley Green Avenue), private footway and grassed area situated to the north of Liverpool Road (A57), Warrington (owned by Marston's pic)
3. 63sqm. Private footway and grassed area situated to the north of Liverpool Road (A57), Warrington (owned by Wainhomes (Southwest) Limited)
4. 194sqm. Grassed public open space situated to the south of Shanklin Close, Warrington (mines and minerals in unknown ownership).
Executive Director, Warrington Borough Council 18tti July 2019
FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 Power to make a general vesting declaration
LOnce the Warrington Borough Council (A57 Liverpool Road/Lingley Green Avenue -Junction Improvements) Compulsory Purchase Order 2019 has become operative, the Warrington Borough Council (herein after called "the Acquiring 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 Acquiring Authority at the end of the period mentioned in paragraph 2 below.
Notices concerning general vesting declaration
2. As soon as may be after the Acquiring Authority executes 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 it 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 3 months, will begin to run. The first day after the end of this period the land described in declaration will, subject to what is said in paragraphs 3 and 5, vest in the Acquiring Authority together with the right to enter on the land and take possession of it. Every person on whom the Acquiring 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.
Modifications with respect to certain tenancies
3. The "Vesting Day" 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.
4. The modifications are that the Acquiring Authority may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 3 unless it first serves notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of its 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.
5. The modifications are that the Acquiring 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 into a possession after the period (not less than 3 months from the service of the notice) specified in the notice. The rise 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.
FORM FOR GIVING INFORMATION
THE WARRINGTON BOROUGH COUNCIL (A57 LIVERPOOL ROAD/LINGLEY GREEN AVENUE - JUNCTION IMPROVEMENTS) COMPULSORY PURCHASE ORDER 2019
To: Warrington Borough Council, c/o James Ogborn, Axis Property Consultancy LLP, Suite
4C, Manchester Club, 81 King Street, Manchester M2 4AH (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, or paragraph 6 of Schedule 1, to the Acquisition of Land Act 1981.
1. Name and address of informants) (i)............................................................
2. Land in which an interest is held by informant® (if)..........................................
3. Nature of interest (Hi)...............................................................................
Signed (on behalf of)....................................................................................
(i) In the case of a joint interest insert the names and addresses of all of the informants
(ii) 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. the name of building society and roll number