43 South Sea Avenue - Compulsory Purchase Order

THE EAST RIDING OF YORKSHIRE COUNCIL

(43 SOUTH SEA AVENUE, FLAMBOROUGH, YO15 1BW) COMPULSORY PURCHASE ORDER
2023 THE HOUSING ACT 1985 AND THE ACQUISITION OF LAND ACT 1981

1. Notice is hereby given that East Riding of Yorkshire Council in exercise of the powers of the confirming
authority, on 2 January 2024 confirmed The East Riding of Yorkshire Council (43 South Sea Avenue,
Flamborough, YO15 1BW) Compulsory Purchase Order 2023 made by it. No objections to the Order were
received within the permitted period and consequently notification was given by the Secretary of State for
Levelling Up, Housing & Communities that the power to confirm the order may be exercised by the acquiring
authority in accordance with section 14A of the Acquisition of Land Act 1981.
2. The order as confirmed provides for the purchase of the house together with any land occupied with the house
in order to return the house to beneficial use as housing.
3. A copy of the order as confirmed by East Riding of Yorkshire Council and of the map referred to therein may
be seen at all reasonable hours at Beverley Customer Service Centre, Cross Street, Beverley, HU17 9BA and
Bridlington Customer Service Centre, Town Hall, Quay Road, Bridlington, YO16 4LP.
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 six (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 East Riding of Yorkshire Council 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 East Riding of
Yorkshire Council, County Hall, Beverley, East Riding of Yorkshire, HU17 9BA 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
Dwellinghouse with gardens to the front, rear and side known as 43 South Sea Avenue, Flamborough, YO15 1BW
having an approximate area of 235.7 square metres.
SCHEDULE 2 FORM OF STATEMENT OR EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE
(VESTING DECLARATIONS) ACT 1981
Power to execute a general vesting declaration
1. Once East Riding of Yorkshire Council (43 South Sea Avenue, Flamborough, YO15 1BW) Compulsory Purchase
Order 2023 has become operative, East Riding of Yorkshire Council (“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 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 council 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 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 (3) 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 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 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 (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 East Riding of Yorkshire Council (43 South Sea Avenue, Flamborough, YO15 1BW) Compulsory Purchase
Order 2023
To: Valuation & Estates Manager, East Riding of Yorkshire Council, County Hall, BEVERLEY, HU17 9BA
I/We being a person/persons who, if a general vesting declaration were executed 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 informant(s) (i).......................................................
2. Land in which an interest is held by informant (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. name of building society/
bank and roll/account number.
Dated 11 January 2024
Rob Mansell • Property & Commercial Law Manager • Legal & Democratic Services • East Riding of Yorkshire Council