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RHONDDA CYNON TAF COUNCIL COMPULSORY PURCHASE ORDER MOUNTAIN ASH

THE RHONDDA CYNON TAF COUNTY BOROUGH COUNCIL

(RHOS SQUARE)

COMPULSORY PURCHASE ORDER 2019

 

The Town and Country Planning Act 1990 and the Acquisition of Land Act 1981

To persons occupying or having an interest in the land.

 

1. Notice is hereby given that the Welsh Ministers, in exercise of their powers under the above Acts, on 13th February 2020 confirmed the Rhondda Cynon Taf County Borough Council (Rhos Square) Compulsory Purchase Order 2019 submitted by the Rhondda Cynon Taf County Borough Council (“the order”).

 

2. The order provides for the purchase of the land described in Schedule 1 below for the purposes of facilitating the carrying out of development/re-development or improvement on or in relation to the land for the promotion or improvement of the economic and social well-being of the acquiring authority’s area comprising the redevelopment of Rhos Square to provide improvements to the public realm including additional car parking.

 

3. A copy of the order and of the map referred to in the order have been deposited at Mountain Ash Library, Oxford Street, Mountain Ash CF45 3HD and Rhondda Cynon Taf County Borough Council, The Pavilions, Cambrian Park, Clydach Vale CF40 2XX and may be seen at all reasonable hours.

 

4. The order 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 are 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 becomes operative, Rhondda Cynon Taf County Borough 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 the Compulsory Purchase (Vesting Declarations) Act 1981 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 Rhondda Cynon Taf County Borough Council at The Pavilions, Cambrian Park, Clydach Vale CF40 2XX as to the person’s and address and the land in question, using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.

 

SCHEDULE 1

LAND COMPRISED IN THE ORDER AS CONFIRMED

 

Number on map - Extent, description and situation of the land

 

1. - All interests in 282.6 square metres of derelict land known as 41, 43 and 45 Oxford Street adjoining the north west boundary of Rhos Square and located opposite 40 Oxford Street and the junction between Oxford Street and Bruce Street all al Oxford Street, Mountain Ash

 

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 Rhondda Cynon Taf County Borough Council (Rhos Square) Compulsory Purchase Order 2019 has become operative, the Rhondda Cynon Taf County Borough 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.

 

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 following 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 their 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 their interest in the land, together 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, unless a counter-notice is served under Schedule A1 to the Act within that period. If a counter-notice is served, 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 yearly tenancy or a lesser interest, or “a long tenancy which is about to expire”. “A long tenancy which is to expire” 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 still has to run, where any option to renew or to terminate it is available to either party, it is assumed that the landlord will take every opportunity to terminate the tenancy and the tenant will take every opportunity to retain or renew their 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 (which must be 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

 

TO: Rhondda Cynon Taf County Borough Council

 

[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)..........................

2. Land in which an interest is held by informant(s).................

3. Nature of interest......................

 

Signed........................

[on behalf of.....................]

Dated..........................

 

(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 this 2nd day of March 2020

 

Andrew Wilkins Director of Legal Services

The Pavilions, Cambrian Park, Clydach Vale, CF40 2XX

 

TM REF: 225946622-01