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General

THE BOROUGH OF WARRINGTON

Notice ID: MF0199585

Notice effective from
9th February 2017 to 11th March 2017

THE BOROUGH OF WARRINGTON
FORM OF NOTICE OF CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDER THE WARRINGTON BOROUGH COUNCIL
(BRIDGE STREET QUARTER) COMPULSORY PURCHASE ORDER 2015
The Town and County Planning Act 1990 Hie Local Government Miscellaneous Provisions Act 1976 The Acquisition of Land Act 1981
1. Nonce is hereby given that the Secretary of State for Communities and Local Government, in exercise of his powers under the above Acts, on 28 November 2016 confirmed with modifications the Warrington Borough Council (Bridge Street Quarter) Compulsory Purchase Order 2015 ("the Order") submitted by the Warrington Borough Council ("the Council").

2. The Order as confirmed provides for the purchase for the purposes of facilitating the carrying out of development, re-development or improvement on or in relation to the land comprising the demolition of existing buildings and structures to provide a new Council Office complex, a new cinema and new indoor market, together with commercial, retail, restaurant and other complementary uses and associated highway works and public realm works which are 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, of the land and the new rights described in the Schedule hereto.

3. A copy of the order as confirmed by the Secretary of State and of the map referred to therein have been deposited at Contact Warrington, 26-30 Horsemarket Street, Warrington WA11 XL and may be seen between the hours of 9am-5pm Monday to Friday (4pm on a Tuesday).

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.

SCHEDULE - THE LAND AND THE NEW RIGHTS COMPRISED IN THE ORDER AS CONFIRMED
The land comprised in each item in this schedule is identified on the plan referred to in the compulsory purchase order by means of the number shown against that item. References to ownership are references to ownership or reputed ownership at the time of preparation of the compulsory purchase order and are stated only for the purpose of identification of the land
1. 24sqm. Paved area & part width of Academy Way, Warrington (owned by Warrington Borough Council)

2. 450sqm. Crown Chambers & part width of Academy Way & part width of Ship Yard, Warrington (owned by West Lancashire Investments Ltd and Warrington Borough Council)

3. 15sqm. Land at ground floor level to north east of Crown Chambers & first floor level of New Market Walk, Warrington (owned by Warrington Borough Council)

4. 11sqm. Service yard to the rear of 73 Bridge Street, Warrington (owned by Warrington Borough Council)

5. 85sqm. 73 Bridge Street, Warrington (owned by Warrington Borough Council)

6. 49sqm. 71 Bridge Street, Warrington (owned by Kevin O'Hara)

7. 25sqm. New Market Walk, Warrington (owned by West Lancashire Investments Ltd and Warrington Borough Council)

8. 11sqm. New Market Walk, Warrington (unknown ownership)

9. 80sqm. New Market Walk, Warrington (unknown ownership)

10. 76sqm. Ship Yard, Warrington (unknown ownership)

11. 58sqm. Ship Yard including the air space up to the first floor of 69 Bridge Street, Warrington (unknown ownership)

12. 70sqm. 69 Bridge Street, Warrington (owned by Jensen Investments Ltd)

13. 73sqm. 67 Bridge Street, Warrington (owned by Umair Aziz Nairn, Hasan Aziz Nairn and Komal Aziz Nairn)

14. 396sqm. Former Lion Hotel, 65 Bridge Street, Warrington (owned by Stonegate Pub Co. Ltd)

15. 252sqm. Service yard, including the air space up to the first floor, of Former Lion Hotel, 65 Bridge Street, Warrington (owned by Stonegate Pub Co. Ltd)

16. 41 sqm. Land and steps leading to New Market Walk to the north east of Former Lion Hotel, 65 Bridge Street, Warrington (owned by Stonegate Pub Co. Ltd)

17. 288sqm. Former Lion Hotel, 65 Bridge Street, Warrington (owned by Stonegate Pub Co. Ltd)

18. 110sqm. 63 Bridge Street, including the passageway, first floor over Hart's Place & part width of Hart's Place, Warrington (owned by Ismail Yesildag)

19. 80sqm. 61 Bridge Street & part width of Hart's Place, Warrington (owned by Jensen Investments Ltd)

20. 159sqm. 57 and 59 Bridge Street & part width of Hart's Place, Warrington (owned by SL McNiece Building Contractor Ltd)

21. 25sqm. Part width of Hart's Place, to the rear of 57 to 63 (odds) Bridge Street, Warrington (owned by Warrington Borough Council)

22. 51 sqm. 1 Hart's Place, Warrington (owned by Warrington Borough Council)

23. 265sqm. 51 to 55 (odds) Bridge Street, including first floor above Halls Yard, Warrington (owned by Warrington Borough Council)

25. 907sqm. New Market Walk, Warrington (owned by Warrington Borough Council)

26. 114sqm. 37 Bridge Street and part width of highway known as Bridge Street, Warrington (owned by Warrington Borough Council)

27. 65sqm. Part width of Dolmans Lane, Warrington (unknown ownership)

28. 140sqm. Part width of Dolmans Lane, Warrington (owned by Warrington Borough Council)

29. 14sqm. Land north of Dolmans Lane, Warrington (owned by Ibrahim & Sons Properties Ltd)

30. 1sqm. Land to the south west comer at ground level, including the air space up to first floor window, of 33 Bridge Street & part width of Dolmans Lane, Warrington (unknown ownership)

31. 2sqm. Land to the south east comer at ground level, including air space up to first floor window, of 1 to 3 Dolmans Lane, Warrington & part width of highway known as Dolmans Lane, Warrington (unknown ownership)

32. 458sqm. 4 to 6 Union Street, Warrington (owned by Warrington Borough Council)

33. 293sqm. 31 Bridge Street, Warrington (owned by Reifer Memorial Ltd)

34. 516sqm. 25 to 29 (odds) Bridge Street, Warrington (owned by Hancock & Wood Ltd)

35.1 sqm. Land to the south east corner of 25 to 29 (odds) Bridge Street, Warrington & part width of Union Street, Warrington, including air space to the first floor canopy (owned by Hancock & Wood Ltd)
36. 332sqm. Car park to the south west of Academy Street, Warrington (owned by Warrington Borough Council)

37. 12sqm. Bus shelter with advertisement hoarding & part width of Academy Way, Warrington (owned by Warrington Borough Council)

38. 6163sqm. Basement, ground and first floors, including lifts and stairwells, of Warrington Retail Market Hall, Warrington (owned by Warrington Borough Council)

39. 13sqm. Basement, ground and first floors of Warrington Retail Market Hall, Warrington (unknown ownership)

40. 177sqm. Basement, ground and first floors of Warrington Retail Market Hall, Warrington (unknown ownership)

41. 183sqm. Part basement service yard entrance & part width of Academy Way, Warrington (unknown ownership)

42. 79sqm. Part width of Academy Way, Warrington (unknown ownership)

43.372sqm. Bus shelters, including advertisement hoardings & part width of Academy Way, Warrington (owned oy Warrington Borough Council)
44. 67sqm. Access bridge at first floor level from Multi-Storey Car Park to New Market Walk, Warrington (unknown ownership)

45. 11 sqm. Electricity substation at first floor level to the south of Warrington Retail Market Hall known as 03/6088/39 (owned by Warrington Borough Council)

46. 25sqm. Basement service yard from Warrington Retail Market Hall to Ship Yard and Crown Chambers, including air space up to New Market Walk, south west of Warrington Retail Market Hall, Warrington (owned by West Lancashire Investments Ltd)

47. 11 sqm. Basement service yard from Warrington Retail Market Hall to Ship Yard, including air space up to New Market Walk, south west of Warrington Retail Market Hall, Warrington (unknown ownership)

48. 80sqm. Basement service yard from Warrington Retail Market Hall to Ship Yard, including air space up to New Market Walk, south west of Warrington Retail Market Hall, Warrington (unknown ownership)

49. 125sqm. Basement service yard from Warrington Retail Market Hall to Ship Yard, including air space up to New Market Walk, south west of Warrington Retail Market Hall, Warrington (owned by Warrington Borough Council)

50.14sqm. Land at basement level including air space up to New Market Walk, south west of Warrington Retail Market Hall, Warrington (owned by Warrington Borough Council)
51. 9sqm. Electricity substation located in Hart's Place, Warrington known as 03/6088/014 (owned by Warrington Borough Council)

52. 13sqm. Basement of 2 Hart's Place, Warrington (owned by Warrington Borough Council)

53. 69sqm. Basement service yard known as Warrington Retail Market Hall, Warrington (owned by Warrington Borough Council)

54. 27sqm. Basement of 51 to 55 (odds) Bridge Street, Warrington (owned by Warrington Borough Council)

56. Il3sqm. Basement access to Warrington Retail Market Hall under New Market Walk, Warrington (owned by Warrington Borough Council)

57. 26sqm. Electricity substation located in basement of 39 to 45 (odds) Bridge Street, Warrington (owned by Warrington Borough Council)

58. 19sqm. First floor of 69 Bridge Street, Warrington (owned by Jensen Investments Ltd)

59. 16sqm. Rear access at first floor level from Former Lion Hotel, 65 Bridge Street to New Market Walk, Warrington (owned by Stonegate Pub Co. Ltd)

60. 53sqm. First floor of Former Lion Hotel, 65 Bridge Street to New Market Walk, Warrington (owned by Stonegate Pub Co. Ltd)

61. 143sqm. First floor including protruding windows over the air space of 33 Bridge Street, Warrington (owned by Warrington Borough Council)

62. 127sqm. First floor, including the air space above the windows, of 1 to 3 Dolmans Lane, Warrington (owned by Warrington Borough Council)

New rights are being sought over the land and/or properties (including the subsoil of the highway) all within the Bridge Street Quarter. The rights being sought include (but not necessarily for each property) the following:
Access And General Construction; Oversailing; Scaffolding/ Hoarding; Service Media; Plant; Fire Escapes; Amendments To Access/Egress Arrangements; Construction Of New Access; Facades; Condition Surveys; Deliveries
FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Power to make a general vesting declaration
1. The Warrington Borough Council (hereinafter called "the Acquiring Authority") may acquire any of the land described in the Schedule above 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 or the land affected.

Notices concerning general vesting declaration
2. As soon as may be after the Acquiring Authority makes a general vesting declaration, it 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 it 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 tor 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 it first serves notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of its 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.

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 a notice to treat has been given), would be entitled to claim compensation in respect of any such land and is invited to give information to the Acquiring Authority making the declaration in the prescribed form with respect to his name and address and the land in question.

FORM FOR GIVING INFORMATION THE WARRINGTON BOROUGH COUNCIL
(BRIDGE STREET QUARTER) COMPULSORY PURCHASE ORDER 2015
To: Warrington Borough Council c/o Helen Kirkham, Bilfinger GVA, No.4 St Paul's Square, Old Hall Street, Liverpool L3 9SJ
(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 of 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. the name of building society and roll number

Executive Director, Warrington Borough Council 8th February 2017

Attachments

MF0199585.pdf Download

Warrington Borough Council

Contact Warrington , Horsemarket Street , Warrington , Cheshire , WA1 1XL

http://www.warrington.gov.uk/ 01925 443322

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