Tangmere Road - Notice Of Confirmation Of A Compulsory Purchase Order

NOTICE OF CONFIRMATION OF A COMPULSORY PURCHASE ORDER
CHICHESTER DISTRICT COUNCIL (TANGMERE) (NO 2) COMPULSORY ORDER 2023

The Town & Country Planning Act 1990 and
The Acquisition of Land Act 1981
1. Notice is hereby given that Ms Zoё Franks, an Inspector appointed by the Secretary of State for Levelling Up, Housing and Communities, acting in exercise of her powers under the above Acts, on 13 March 2024 confirmed with modifications the Chichester District Council (Tangmere) (No 2) Compulsory Purchase Order 2023 submitted by Chichester District Council.
2. The Order as confirmed provides for the purchase of the land described in Schedule 1 hereto for the purposes of purpose of carrying out the development of the Tangmere Strategic Development Location to deliver at least 1,000 homes and up to 1,300 homes, an expanded village centre, school, open space, community facilities, associated infrastructure and other associated works.
3. A copy of the Order as confirmed by the Secretary of State and of the map referred to therein has been deposited at the Council's offices at East Pallant House, Chichester, West Sussex, PO19 1TY and may be seen between the hours of 9am-4pm Monday, Tuesday, Wednesday, Friday and 10am–4pm on Thursdays. Please contact Customer Services on contact@chichester.gov.uk to make an appointment. A copy of the Order and of the map may be viewed online on the Council’s website at https://www.chichester.gov.uk/ article/31554/Tangmere-strategic-development-location.
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 Tangmere SDL, Chichester District Council, E: tangmeresdl@chichester.gov.uk or at East Pallant House, Chichester, West Sussex, PO19 1TY or to Peter Roberts of DWD, E: peter.roberts@dwdllp.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. Chichester District 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 to on the date on which the 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
Number on CPO Map
Description of Land Acquired
1, 2, 3, 4
Grass verge and Agricultural arable land used in crop production adjacent to the Tangmere Road, Tangmere
5
Agricultural arable land used in crop production adjacent to the Tangmere Road, Tangmere.
6
Agricultural arable land used in crop production and access road off Church Lane, Tangmere.
7
Land in use as an access road and parking lot to premises known as Saxon Meadow.
8
Open land adjacent to the premises known as Saxon Meadow.
10, 11, 12
Agricultural arable land used in crop production to the north of Tangmere Road, Tangmere.
13, 14
Agricultural arable land used in crop and grass production to the west of Campbell Road and Mannock Road, Tangmere.
15, 16, 17, 18
Agricultural arable land used in crop production and hedgerow and scrubland adjacent to the south of the A27 Westhampnett Bypass.
19A, 19C, 19F
Highway adjacent to the south of the A27 Westhampnett Bypass
19B, 19D
Land held for highway maintenance purposes
19E
Access track adjacent to the south of the A27 Westhampnett Bypass
SCHEDULE 2
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 (Tangmere) (No 2) 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 Chichester District 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 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 OF GIVING INFORMATION
The Chichester District Council (Tangmere) (No 2) Compulsory Purchase Order 2023
To: Chichester District Council
Pallant House, Chichester, West Sussex, PO19 1TY
[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 2 May 2024

Nicholas Bennett
Divisional Manager, Democratic Services
Chichester District Council