Blackburn - Compulsory Purchase General Vesting Declaration

FORM OF NOTICE SPECIFYING LAND AND STATING EFFECT OF GENERAL VESTING DECLARATION

THE BOROUGH OF BLACKBURN WITH DARWEN

(119 LIVESLEY BRANCH ROAD, BLACKBURN) COMPULSORY PURCHASE ORDER 2025

Notice is hereby given that Blackburn with Darwen Borough Council ("the Council")

On 2nd July 2026 executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("the Act") vesting the land described in the Schedule to this notice ("the land") in themselves as from the end of the period of 6 weeks from the date on which the service of the notices required by section 6 of the Act is completed.

The Council will in due course tell you the date on which the service of the notices was completed.

The effect of the general vesting declaration is as follows:

On the first day after the end of the period referred so in the first paragraph of this notice (namely, 21st August 2026) the land, together with the right to enter upon and take possession of it, will vest in Blackburn with Darwen Borough Council.

Also on the vesting date the Acts providing for compensation will apply as if, on the date on which the general vesting declaration was executed (namely, 2nd July 2026), a notice to treat had been served on every person on whom, under section 5 of the Compulsory Purchase Act 1965, the Council could have served such a notice (other than any person entitled to a "minor tenancy" or a "long tenancy which is about to expire").

These expressions are defined in the Appendix to this notice.

If the land includes any land in which there is a minor tenancy or a long tenancy which is about to expire, the right of entry will not be exercisable in respect of that land unless, after serving a notice to treat in respect of the tenancy, the Council having served on every occupier of any of the land in which the tenancy subsists a notice stating that, at the end of a specified period (at least 3 months from the date of the service of the notice) they intend to enter upon and take possession of the land specified in the notice, and that period has expired: the vesting of the land will then be subject to the tenancy until that period expires, or the tenancy comes to an end, whichever happens first.

Schedule A1 and 1 to the Act contain supplementary provisions as to general vesting declarations in relation to acquisition of parts of interests in land.

A copy of the general vesting declaration to which this notice refers and of the plan annexed to the declaration can be inspected at the office of the Strategic Director for Growth and Development, 5th Floor, 10 Duke Street, Blackburn. BB2 1DH and may be seen at all reasonable hours.

Copies of these documents can also be found online at: https://www.blackburn.gov.uk/legal-notices/compulsory-purchase-orders

The Council considers the expedited procedure for the vesting of the land is available under section 4A (1) or (2) of the Act (as the case may be).

Any person who disagrees that the expedited procedure is available may make representations to the acquiring authority under section 4B (2) of the Act. If, before the vesting date, the acquiring authority no longer considers that the expedited procedure is available, the authority will amend the general vesting declaration so that the period specified in it complies with section 4(1ZA)(b) of the Act (the period of at least three months from service of notices).

All the land within the boundary edged red on the plan annexed hereto,

In this Act –

"minor tenancy" means a tenancy for a year or from year to year, or any lesser interest, and "long tenancy which is about to expire", in relation to a general vesting declaration, 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 specified period (that is to say, such period, longer than one year, as may for the purposes of this definition be specified in the declaration in relation to the land in which the tenancy subsists).

In determining for the purposes of this subsection what period a tenancy still has to run on the vesting date it shall be assumed—

(a) that the tenant will exercise any option to renew the tenancy, and will not exercise any option to terminate the tenancy, then or thereafter available to him,

(b) that the landlord will exercise any option to terminate the tenancy then or thereafter available to him.

(1) This paragraph applies where the upper tribunal specifies in its determination that the acquiring authority ought to be required to take the whole or part of the additional land ("the specified land").

(2) The general vesting declaration and any notice to treat (and, where applicable, the compulsory purchase order) are to have effect as if they included the owner's interest in the specified land.

(3) The Upper Tribunal must order a vesting date for –

(a) The specified land, and

(b) Any land proposed to be acquired which is not vested in the authority and for which no vesting date has been specified under paragraph 12.

(4) If the vesting date for the specified land is after the vesting date for any land proposed to be acquired, the Upper Tribunal's power to award compensation under section 7 of the Compulsory Purchase Act 1965 includes power to award compensation for any loss suffered by the owner by reason of the temporary severance of the land proposed to be acquired from the specified land.

In this Part of this Schedule

"notice of objection to severance" means a notice under paragraph 2(1) below,

"land proposed to be severed" means land in respect of which notice of objection to severance is served.

2(1) If a general vesting declaration comprises part only of

(a) any house, building or factory, or

(b) a park or garden belonging to a house,

any person who is able to sell the whole of the house, building, factory, park or garden may by notice served on the acquiring authority require them to purchase his interest in the whole.

(2) Except as provided by paragraph 10 below, a notice under this paragraph shall not have effect if it is served more than 28 days after the date on which notice under section 6 of this Act is served on the person giving notice under this paragraph.

(3) Section 8(1) of the Compulsory Purchase Act 1965 (which makes other provision for objection to severance of buildings, gardens etc.) shall not apply to land in respect of which a general vesting declaration is made.

3 Where notice of objection to severance is served within the time allowed in accordance with paragraph 2(2) above then notwithstanding section 8 of this Act

(a) the interest in respect of which the notice is served shall not vest in the acquiring authority and

(b) if he is entitled to possession of the land, the acquiring authority shall not be entitled to enter upon or take possession of it, until the notice has been disposed of in accordance with the following provisions of this Schedule.

4(1) Within 3 months after a person has served on an acquiring authority a notice of objection to severance, the authority shall either

(a) serve notice on him withdrawing the notice to treat deemed to have been served on him in respect of his interest in the land proposed to be severed, or

(b) serve notice on him that the general vesting declaration shall have effect, in relation to his interest in the land proposed to be severed, as if the whole of that land had been comprised in the declaration (and in the compulsory purchase order, if part only of that land was comprised in that order), or

(c) refer the notice of objection to severance to the Lands Tribunal and notify him that it has been so referred.

(2) Sub-paragraph (1)(a) above has effect notwithstanding section 7(3) of this Act.

5 If the acquiring authority do not take action in accordance with paragraph 4 above within the period allowed by that paragraph then at the end of that period they shall be deemed to have acted in accordance with sub-paragraph (1)(a) of that paragraph.

6 Where in accordance with paragraph 4 or paragraph 5 above the notice to treat deemed to have been served in respect of a person's interest in the land proposed to be severed is withdrawn, or is deemed to have been withdrawn

(a) that interest shall not vest in the acquiring authority by virtue of the general vesting declaration, and

(b) If he is entitled to possession of that land, the acquiring authority shall not be entitled by virtue of that declaration to enter upon or take possession of it.

7 Where an acquiring authority take action in accordance with paragraph 4(1)(b) above, the general vesting declaration (and, where applicable, the compulsory purchase order) shall have effect as mentioned in that sub-paragraph, whether apart from this Part of this Schedule the acquiring authority could have been authorised to acquire the interest in question in the whole of the land proposed to be severed or not.

8(1) Where in accordance with paragraph 4(1)(c) above an acquiring authority refer a notice of objection to severance to the Lands Tribunal, and on that reference the Tribunal determines that the part of the land proposed to be severed which is comprised in the general vesting declaration can be taken

(a) in the case of a house, building or factory, without material detriment, or

(b) in the case of a park or garden, without seriously affecting the amenity or convenience of the house, paragraph 3 above shall thereupon cease to have effect in relation to that notice.

(2) In making a determination under this paragraph in any of the cases in sub-paragraph (1)(a) or (b) above the Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part is proposed to be acquired for works or other purposes extending to other land, the effect of the works and the use to be made of the other land.

9(1) If on such a reference the Lands Tribunal does not make a determination in accordance with paragraph 8 above, the Tribunal shall determine the area of that land (being the whole of it or a part of it which includes the part comprised in the general vesting declaration) which the acquiring authority ought to be required to take; and the general vesting declaration shall have effect, in relation to the interest in that area of the person who served the notice of objection to severance, as if the whole of that area had been comprised in the general vesting declaration, whether apart from this Part of this Schedule the acquiring authority could have been authorised to acquire that interest in the whole of that area or not.

(2) Where sub-paragraph (1) above applies, and part of the area determined by the Lands Tribunal was not comprised in the compulsory purchase order, the general vesting declaration shall have effect as mentioned in that sub-paragraph as if the whole of that area had been comprised in the compulsory purchase order as well as in the declaration.

10(1) Where in accordance with paragraph 2(1) above a person is entitled to serve a notice of objection to severance, and it is proved

(a) that he never received the notice required by section 6 of this Act to be served on him, or received that notice less than 28 days before, or on or after, the date on which the period specified in the general vesting declaration expired, and

(b) that a notice of objection to severance served by him was served not more than 28 days after the date on which he first had knowledge of the execution of the general vesting declaration, that notice shall have effect notwithstanding that it is served after the time allowed in accordance with paragraph 2(2) above has expired.

(2) Where in the circumstances specified in sub-paragraph (1) above, a person serves a notice of objection to severance after the end of the period specified in the general vesting declaration,—

(a) paragraphs 3 and 6 above shall not have effect in relation to that notice.

(b) paragraph 4 above shall have effect in relation to that notice as if sub-paragraph (1)(a) of that paragraph were omitted,

(c) paragraph 5 above shall have effect in relation to that notice with the substitution, for the words "sub-paragraph (1)(a)", of the words "sub-paragraph (1)(b)", and

(d) paragraph 8 above shall not have effect in relation to that notice, but without prejudice to the making by the Tribunal of any such determination as is mentioned in that paragraph.

Martin Kelly, Strategic Director for Growth & Development, 5th Floor, 10 Duke Street, Blackburn BB2 1DH