1. Notice is hereby given that Hertfordshire County Council in exercise of the powers of the confirming authority under the above Acts, on the 14th day of May 2019 confirmed The Hertfordshire County Council (Former Barnwell East Secondary School Site and Ashtree Primary School, Stevenage) Compulsory Purchase Order 2018 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 Education 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.
THE HERTFORDSHIRE COUNTY COUNCIL (FORMER BARNWELL EAST SECONDARY SCHOOL SITE AND ASHTREE PRIMARY SCHOOL, STEVENAGE) COMPULSORY PURCHASE ORDER 2018 THE EDUCATION ACT 1996 AND THE ACQUISITION OF LAND ACT 1981
1. Notice is hereby given that Hertfordshire County Council in exercise of the powers of the confirming authority under the above Acts, on the 14th day of May 2019 confirmed The Hertfordshire County Council (Former Barnwell East Secondary School Site and Ashtree Primary School, Stevenage) Compulsory Purchase Order 2018 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 Education 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 land described in Schedule 1 for the purpose of ensuring the current and future provision of a primary school and secondary school which are required for the purposes of Hertfordshire County Council's functions under the Education Act 1996.
3. A copy of the Order as confirmed by the Secretary of State for Education and of the maps referred to therein have been deposited at:-(i) the reception desk, Farnham House, Six Hills Way, Stevenage SG1 2FQ; (ii) the reception desk, County Hall, Pegs Lane, Hertford SG13 8DF; and (iii) the reception desk, Stevenage Library, Southgate, Stevenage, SG1 1 HD.
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 requirements relating to the Order.
5. Once the Order has become operative Hertfordshire County 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 Hertfordshire County Council at Strategic Asset Management & Estates, Property, County Hall, Pegs Lane, Hertford SG13 8DE (Ref: Emily White) about the person's name, address, and interest in the land using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.
SCHEDULE 1
The land comprised in each item below is identified on the map referred to in the Order by means of the number or numbers against that item below
LAND TO BE ACQUIRED
1 80,216 square metres of land and premises known as the former Barnwell East Secondary School Site, Collenswood Road, Stevenage, Hertfordshire
2 23,781 square metres of land and premises known as Ashtree Primary School and Nursery, Chertsey Rise, Stevenage, Hertfordshire
SCHEDULE 2
FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Power to execute a general vesting declaration
1 Once The Hertfordshire County Council (Former Barnwell East Secondary School Site and Ashtree Primary School, Stevenage) Compulsory Purchase Order 2018 has become operative, Hertfordshire County 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 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 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, 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 period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule Al 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 Al.
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 THE HERTFORDSHIRE COUNTY COUNCIL (FORMER BARNWELL EAST SECONDARY SCHOOL SITE AND ASHTREE PRIMARY SCHOOL, STEVENAGE) COMPULSORY PURCHASE ORDER 2018
To: Strategic Asset Management & Estates, Property, Hertfordshire County Council, County Hall, Pegs Lane, Hertford SG13 8DE (Ref: Emily White)
[I] [We] being [a person] [persons] who, if a general vesting declaration were made 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) Hertfordshire
2 Land in which an interest is held by informant(s) (ii) …………………
3 Nature of interest (iii) …………………
Signed: ……….
Date: …………
[on behalf of ]
(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 land is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other encumbrance, details should be given, eg name of building society and roll number.
Dated the 23rd day of May 2019
Sharpe Pritchard LLP
Elm Yard 10-16
Elm Street
London WC1X OBJ
Solicitors to Hertfordshire County Council
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