Crooked Lane - Notice Of Confirmation Of A Compulsory Purchase Order

NOTICE OF CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDER

CHICHESTER DISTRICT COUNCIL (ACCESS TRACK OFF CROOKED LANE, BIRDHAM) COMPULSORY PURCHASE ORDER 2023

TOWN AND COUNTRY PLANNING ACT 1990
and
ACQUISITION OF LAND ACT 1981

ACQUISITION OF LAND ACT 1981

1. Notice is hereby given that the Secretary of State for Housing, Communities and Local Government, in exercise of her powers under the above Acts, on 22 November 2024 confirmed the Chichester District Council (Access Track off Crooked Lane, Birdham) Compulsory Purchase Order 2023 submitted by Chichester District Council (the “Council”).

2. The Order as confirmed provides for the purchase, for the purpose of carrying out the development of the Crooked Lane Development Location, to deliver homes to contribute to the promotion and improvement of the economic, social and environmental well-being of the Council’s area, of the land described in Schedule 1 hereto.

3. A copy of the Order as confirmed by the Secretary of State for Housing, Communities and Local Government and of the Map referred to therein have been deposited at the Council’s offices at East Pallant House, Chichester, West Sussex PO19 1TY and may be seen at all reasonable hours. A copy of the Order and of the accompanying Map may be viewed online at: https://www.chichester.gov.uk/birdhamcpo

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 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 the Council’s agents, Avison Young, addressed to James Morris, Avison Young, 65 Gresham Street, London, EC2V 7NQ or to james.morris@avisonyoung.com 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.

7. The Council has a period of three years beginning with the date the Order becomes operative to serve a notice to treat or execute a general vesting declaration. The Order will become operative on the date on which notice is first published or, if the Order is subject to special parliamentary procedure, the date on which the Order becomes operative under the Statutory Orders (Special Procedure) Act 1945.

SCHEDULE 1
LAND COMPRISED IN THE ORDER AS CONFIRMED
Title to 116 square metres of public road and verge (Crooked Lane) – Plot 1.
Title to 1 square metre of verge (off Crooked Lane) - Plot 2.
Title to 9 square metres of entrance (Copperfields, Crooked Lane) (Plot 3).
Title to 31 square metres of entrance (Copperfields, Crooked Lane) and hedge (off Crooked Lane) - Plot 4.
Title to 579 square metres of access track (off Crooked Lane) - Plot 5.

SCHEDULE 2
FORM OF STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY
PURCHASE (VESTING DECLARATIONS) ACT 1981

Power to execute a general vesting declaration

1. Once the Chichester District Council (Access Track off Crooked Lane, Birdham) Compulsory Purchase Order 2023 has become operative, Chichester District Council (hereinafter called 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 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 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 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 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
Chichester District Council (Access Track off Crooked Lane, Birdham)
Compulsory Purchase Order 2023

To: The Council’s agents, Avison Young, addressed to James Morris, Avison Young, 65 Gresham Street, London, EC2V 7NQ or to james.morris@avisonyoung.com

[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(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, e.g. name of building society and roll number.

Dated 19 December 2024
Nicola Golding, Solicitor on behalf of Chichester District Council, East Pallant House,
Chichester, West Sussex PO19 1TY