Public Notice of Compulsory Purchase Order – Stallingborough Interchange Development Site – 5 September 2024

NOTICE OF CONFIRMATION OF A COMPULSORY PURCHASE ORDER

THE NORTH EAST LINCOLNSHIRE (STALLINGBOROUGH INTERCHANGE DEVELOPMENT SITE) COMPULSORY PURCHASE ORDER 2023

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

1. Notice is hereby given that the North East Lincolnshire Borough Council (the “Acquiring
   Authority”), in exercise of the powers of the confirming authority under the above Acts, on 25
   June 2024 confirmed the North East Lincolnshire (Stallingborough Interchange Development
   Site) Compulsory Purchase Order 2023 made by it. Following the removal of all objections to
   the order, notification was given by the Secretary of State for Levelling Up, Housing and
   Communities 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 below for the purpose of facilitating the development of a 62ha Business Park comprising up to 120,176 sq.m for B1 (Business), B2 (General Industrial) and B8 (Storage and Distribution), the development of associated infrastructure, internal highways, a new roundabout, new access roads, associated highway works, substations, pumping stations, drainage and landscaping which is likely to contribute to the achievement of the promotion or improvement of the economic, social or environmental well being of the Acquiring Authority’s area.
3. A copy of the order as confirmed by the Acquiring Authority and of the map referred to therein have been deposited at North East Lincolnshire Borough Council’s offices at Municipal Offices, Town Hall Square, Grimsby, North East Lincolnshire, DN31 1HU and may be seen at all reasonable hours. A copy of the order and of the map may be viewed online at www.nelincs.gov.uk.
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 Acquiring Authority 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 the Acquiring Authority at FAO Simon Jones, Assistant Director Law and Governance (Monitoring Officer), North East Lincolnshire Council, Municipal Offices, Town Hall Square, Grimsby, DN31 1HU 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. The Acquiring Authority 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 on the date on which this notice is first published.

SCHEDULE 1

LAND COMPRISED IN THE ORDER AS CONFIRMED

Description of land

The land particularised in the order and identified on the map referred to in the order, being the land
detailed below:

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

Once the North East Lincolnshire (Stallingborough Interchange Development Site) Compulsory Purchase Order 2023 becomes operative, the (hereinafter called) North East Lincolnshire Borough Council (the “Acquiring Authority”) 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 paragraph 3 and 5 below, of vesting the land in the Acquiring Authority at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declarations

As soon as may be after the Acquiring Authority 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 Acquiring Authority together with the right to enter on the land and take possession of it. Every person 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 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.

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

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.

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 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

To: FAO Simon Jones, Assistant Director Law and Governance (Monitoring Officer), North East Lincolnshire Council, Municipal Offices, Town Hall Square, Grimsby, DN31 1HU

[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 roll and number.

Signed:

Carolina Borgstrom
Director of Economy, Environment and Infrastructure
North East Lincolnshire Council,
Municipal Offices,
Town Hall Square,
Grimsby,
DN31 1HU
Dated: 17th July 2024