Announcements

SWINDON BOROUGH COUNCIL
NOTICE OF INTENTION TO MAKE GENERAL VESTING DECLARATION THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
THE SWINDON BOROUGH COUNCIL (KIMMERFIELDS)
COMPULSORY PURCHASE ORDER 2014 ("the Order")

Notice is hereby given in accordance with section 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 of the intention of Swindon Borough Council to make a General Vesting Declaration vesting the land described in the Schedule below in itself at the expiration of not less than two months from the publication of this notice.

The following paragraphs contain a statement of the effect of Parts II and Ill of the Compulsory Purchase (Vesting Declarations) Act 1981, followed by an invitation to give information in respect of the land comprised in the Order.

PART 1

Power to make general vesting declaration
1. Swindon Borough Council (hereinafter called the Acquiring Authority) may acquire any of the land described in the Schedule below by making a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. This has the effect, subject to paragraph 4 below, of vesting the land in the Acquiring Authority at the end of the period mentioned in paragraph 2 below. A declaration may not be made before the end of a period of two months from the first publication of a notice which includes this statement except with the consent in writing of every occupier of the land affected.

Notices concerning general vesting declaration
2. As soon as may be after the Acquiring Authority make 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 3) and on every person who gives them information relating to the land in pursuance of the invitation contained in any notice. When the service of notices of the general vesting declaration is completed, a further period begins to run. This period, which must not be less than 28 days, will be specified in the declaration. On the first day after the end of this period ("the vesting date") the land described in the declaration will, subject to what is said in paragraph
4, vest in the Acquiring Authority together with the right to enter on the land and take possession of it. Every person on whom the Acquiring Authority 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 3) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

Modifications with respect to certain tenancies
3. 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.

4. The modifications are that the Acquiring Authority may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 3 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 14 days 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
LAND COMPRISED IN THE ORDER AS CONFIRMED

All interests, except those owned by the Acquiring Authority, in:

1. Part of Carfax Street forming public highway, comprising 474m²;

2. Part of Merton Street forming public highway, 135m²;

3. Land forming three kiosks/small shops, related areas of highway and related areas which previously formed highway but that is now the subject of a stopping up order dated 29 July 2014 and stairs leading out of Falcon House to Fleming Way, comprising 677m² excluding the interest of Thames Water Utilities (or their successor in title) in relation to Rights in respect of sewers affecting Fleming Way/The Parade under various deeds of grant dated 8 August 1997;

4. Land adjoining Tri Centre 2, Carfax Close forming paving giving pedestrian access around Tri Centre 2, comprising 256m²;

5. Land between Tri Centre 1 and the highway at Fleming Way and Milford Street forming landscaping, highway and land which previously formed highway at Fleming Way and Milford Street but that is now the subject of a stopping up order dated 29 July 2014, comprising 581m²;

6. Land adjoining Tri Centre 3, forming a secondary access/access for deliveries, a pedestrian thoroughfare around the side of Tri Centre 3 into Newbridge Square, parking for approximately 12 cars and landscaping and comprising 1036m²;

7. Part of Milford Street forming public highway and comprising 539m² excluding the interests of Southern Electricity Board of 55 Vastern Road Reading Berkshire RG1 8BU (or their successors in title) in relation to Rights in respect of underground cabling by way of a deed dated Part of Milford Street forming public highway and comprising 539m² excluding the interests of Southern Electricity Board of 55 Vastern Road Reading Berkshire RG1 8BU (or their successors in title) in relation to Rights in respect of underground cabling by way of a deed dated
31 May 1962.

8. Part of Cheltenham Street forming public highway and comprising 24m²; and

9. Part of Beales Close form in public highway and comprising 821m²

PART 2

Invitation to give information
5. Every person who, if a general vesting declaration were made in respect of all 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 authority making the declaration in the prescribed form with respect to their name and address and the land in question. The relevant prescribed form is set out below.

FORM FOR GIVING INFORMATION
To: Director of Law & Democratic Services
Address: Swindon Borough Council Civic Offices Euclid Street Swindon SN1 2JH

[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 3 of that Act.

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: Thursday 25th August 2016 Stephen P. Taylor

Director of Law and Democratic Services
Swindon Borough Council Civic Offices Euclid Street Swindon SN1 2JH