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NOTICE OF CONFIRMATION

Notice ID: OX4154959

Notice effective from
14th December 2017 to 13th January 2018

NOTICE OF CONFIRMATION
THE OXFORD CITY COUNCIL (100 SPENCER CRESCENT, ROSE HILL, OXFORD) COMPULSORY PURCHASE ORDER 2017
THE HOUSING ACT 1985 AND THE ACQUISITION OF LAND ACT 1981
1. Notice is hereby given that the Secretary of State for Communities and Local Government (the "Secretary of State'), in exercise of its powers under the above Acts, on 20 November 2017 confirmed with modifications the Oxford City Council (100 Spencer Crescent, Rose Hill, Oxford) Compulsory Purchase Order 2017 submitted by the Oxford City Council (the "Acquiring Authority').

2. The order as confirmed provides for the purchase of the land described in Schedule 1 hereto for the purpose of bringing an empty house back into housing use and providing housing accommodation.

3. A copy of the order as confirmed by the Secretary of State and of the map referred to therein has been deposited at Oxford Town Hall, St Aldates, Oxford, OX1 1BX 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 Acquiring Authority 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.

6. Every person who, if a general vesting declaration were executed under section 4 of that 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 Acquiring Authority at Oxford Town Hall, St Aldates, Oxford, OX1 1DS 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
Land to be Acquired
360 square metres, or thereabouts, of dwelling known as 100 Spencer Crescent, Rose Hill, Oxford, OX4 4ST.
SCHEDULE 2
FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
PART 1
Power to Make General Vesting Declaration
1. Once the Oxford City Council (100 Spencer Crescent, Rose Hill, Oxford) Compulsory Purchase Order 2017 has become operative, the Oxford City Council (the "Acquiring Authority') may acquire any of the land described in the Schedule 1 above by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. This has the effect, subject to paragraphs 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 Acquiring 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 Acquiring Authority 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 the 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
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 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 and take possession after the period (not less than 3 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 OXFORD CITY COUNCIL (100 SPENCER CRESCENT, ROSE HILL, OXFORD) COMPULSORY PURCHASE ORDER 2017
To: Amanda Ball, Lawyer, Team Leader (Property, Planning and Contracts), Oxford City Council, Law and Governance, St Aldates, Oxford OX1 1DS
[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, of 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 (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, eg name of building society and roll number.

Dated 14 December 2017
Anita Bradley
Head of Law and Governance St Aldates Chambers St Aldates OxfordOXI 1DS

Attachments

OX4154959.pdf Download

Oxford City Council

109 St Aldate s Chambers , St Aldate s , Oxford , Oxfordshire , OX1 1DS

https://www.oxford.gov.uk/ 01865 249 811

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