Printer Friendly

Public Notices.

THE BIRMINGHAM CITY COUNCIL (HAZELWELL LANE STIRCHLEY) COMPULSORY PURCHASE ORDER 2012 Section 226(1)(a) Town and Country Planning Act 1990 the Acquisition of Land Act 1981 Section 13 Local Government (Miscellaneous Provisions) Act 1976 1. Notice is hereby given that the Secretary of State for Communities and Local Government, in exercise of his powers under the above Acts, on 18th July 2013 confirmed with modifications The Birmingham City Council (Hazelwell Lane Stirchley) Compulsory Purchase Order 2012 submitted by Birmingham City Council (the acquiring authority).

2. The order as confirmed provides for the purchase for the purposes of facilitating the carrying out of development, redevelopment and improvement of the land in the vicinity of Hazelwell Lane Stirchley by the demolition of buildings within the development site and the construction of a new foodstore led development together with car parking plus associated landscaping and other highway works to contribute to the promotion and improvement of the economic, social and 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 for Communities and Local Government and of the map referred to therein have been deposited at the offices of the acquiring authority's Development and Culture Directorate, 1 Lancaster Circus, Queensway, Birmingham B4 7DJ.

Tel:0121 303 4903 and Yardley Wood Library Highfield Road, Yardley Road, Birmingham, B14 4DU. Tel: 0121 464 2110 and may be seen at all reasonable hours.

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 LAND COMPRISED IN THE ORDER AS CONFIRMED DESCRIPTION OF THE LAND (ALL IN THE VICINITY OF HAZELWELL LANE STIRCHLEY) Plot Number Hazelwell Lane and environs 1 246 square metres of residential premises known as 1298 Pershore Road Stirchley Birmingham B30 2XU together with all land appurtenant thereto and half width of the highway known as Pershore Road.

2 666 square metres of commercial premises, passageway, rear yard and outbuildings and all land appurtenant thereto known as 1300 Pershore Road Stirchley Birmingham B30 2XU and half width of the highway known as Pershore Road.

3 862 square metres of commercial and residential premises, pedestrian accessway, rear yard and outbuildings and all land appurtenant thereto known as 1302, 1304, 1306, 1308 and 1310 (also known as 1308) Pershore Road Stirchley Birmingham B30 2XU and half width of the highways known as Pershore Road and Hazellwell Lane. 4 431 square metres of residential premises, and all land appurtenant thereto known as 1, 3, 5 and 7 Hazelwell Lane, Stirchley, Birmingham, B30 2PR together with half width of the highway known as Hazelwell Lane.

5 103 square metres of residential premises and all land appurtenant thereto known as 9 Hazelwell Lane, Stirchley, Birmingham B30 2PR together with half width of highway known as Hazelwell Lane.

6 100 square metres of residential premises and all land appurtenant thereto known as 11 Hazelwell Lane, Stirchley, Birmingham, B30 2PR together with half width of the highway known as Hazelwell Lane.

7 39 square metres of passageway between the residential premises known as 11 and 13 Hazelwell Lane, Stirchley, Birmingham B30 2PR and to the rear of residential premises known as 13, 15 and 17 Hazelwell Lane, Stirchley, Birmingham B30 2PR and half width of the highway known as Hazelwell Lane.

8 828 square metres of residential premises, land, outbuildings and all land appurtenant thereto known as 13,15,17,19, 21 and 23 Hazelwell Lane Stirchley, Birmingham, B30 2PR and half width of the highway known as Hazelwell Lane.

9 506 square metres of accessways to the premises known as TASCOS Social Club being situated between and to the rear of residential premises numbered 19, 21 and 23 Hazelwell Lane Stirchley Birmingham B30 2PR and the cleared site of the residential premises numbered 27 and 29 Hazelwell Lane, Stirchley, Birmingham, B30 2PR and residential premises numbered 31, 33, 35 and 37 Hazelwell Lane, Stirchley, Birmingham together with half width of the highway known as Hazelwell Lane.

10 276 square metres of site of the former premises 27 and 29 Hazelwell Lane Stirchley Birmingham B30 2PR together with half width of the highway known as Hazelwell Lane 11 255 square metres of residential premises, outbuildings and all land appurtenant thereto known as 31 and 33 Hazelwell Lane, Stirchley, Birmingham B30 2PR and half width of the highway known as Hazelwell Lane.

12 136 square metres of residential premises, outbuildings and all land appurtenant thereto known as 35 Hazelwell Lane, Stirchley, Birmingham B30 2PR and half width of the highway known as Hazelwell Lane.

13 132 square metres of residential premises, outbuildings and all land appurtenant thereto known as 37 Hazelwell Lane, Stirchley, Birmingham B30 2PR and half width of the highway known as Hazelwell Lane.

14 24404 square metres of demolished site of the former Phoenix Medical Hazelwell Lane and Ripple Road, Stirchley, Birmingham and demolished site of the former south west Engineering Centre Hazelwell Lane and Hunts Road together with full width of the highway known as Hazelwell Lane and half width of the highway known as Ripple Road and Hunts Road. 15 58 square metres of land on the corner of Hazelwell Lane and Ripple Road Stirchley including half width of the highway known as Ripple Road.

16 22 square metres of electricity substation number 6919 situated to the north of the site of the former South West Engineering Centre, Hazelwell lane Stirchley Birmingham B30 2PP and fronting Hazelwell Lane Stirchley Birmingham.

17 429 square metres of car park to the rear of the premises known as Stirchley United Working Mens' Club 2/12 Hazelwell Lane Stirchley Birmingham B30 2PP and land to the rear of Stirchley Community Centre and Indoor Bowls Centre 1326 Pershore Road Stirchley Birmingham B30 2XS together with half width of the highway known as Hazelwell Lane. 18 702 square metres of land and buildings to the rear of commercial premises known as Stirchley Community Centre and Indoor Bowls Centre 1326 Pershore Road Stirchley Birmingham B30 2XS 19 2108 square metres of premises, car park, outbuildings and all land appurtenant thereto known as Stirchley United Workings Mens' Club, 2/12 Hazelwell Lane, Stirchley Birmingham together with half widith of the highways known as Hazelwell Lane and Pershore Road. 20 530 square metres of commercial premises, car park and all land appurtenant thereto known as Stirchley United Workings Mens' Club, 2/12 Hazelwell Lane, Stirchley Birmingham B30 2PP and half width of the highway known as Pershore Road.

21 3076 square metres of buildings, car park and all land appurtenant thereto known as Stirchley Community Centre and Indoor Bowls Centre, 1326 Pershore Road Stirchley Birmingham B30 2XS together with half width of the highway known as Pershore Road. 22 85 square metres of land to the north west corner of the Pavillion being part of the rear of the commercial premises known as The British Oak Public House 1364 Pershore Road Stirchley Birmingham B30 2XS.

23 906 square metres of premises, yard, outbuildings and all land appurtenant thereto known as 1346 to 1352 (evens) Pershore Road, Stirchley, Birmingham B30 2XT together with half width of highway known as Pershore Road.

24 1675 square metres of commercial premises, outbuildings, advertising hoardings and all land appurtenant thereto known as 1351, 1353 and 1355 Pershore Road, Stirchley, Birmingham B30 2XT together with half width of highways known as Pershore Road and Hazelwell Street. 25 454 square metres of half width of highway fronting commercial premises known as The British Oak public house, 1364 Pershore Road, Stirchley, Birmingham, B30 2XS. 26 1083 square metres of site of premises known as 1368- 1376 (evens) Pershore Road, Stirchley, Birmingham, B30 2XS and all land appurtenant thereto together with half width of the highway known as Pershore Road.

27 1581 square metres of retail premises, outbuildings and all land appurtenant thereto known as 1378-1390 (evens) Pershore Road, Stirchley, Birmingham B30 2JR and half width of the highway known as Pershore Road.

28 11 square metres strip of land and buildings adjacent to the accessway to the west of 1 Hunts Road, Stirchley, Birmingham, B30 2PL and half width of the highway known as Hunts Road, Stirchley, Birmingham.

29 453 square metres of retail and residential premises known as 1392 Pershore Road, Stirchley, Birmingham, B30 2XS together with all land appurtenant thereto and half width of the highways known as Hunts Road and Pershore Road.

30 399 square metres of half width of highway known as Pershore Road fronting premises known as 1369-1391 (odds) Pershore Road, Stirchley, Birmingham.

31 273 square metres of half width of highway known as Hazelwell Street fronting the commercial premises known as 72/74 Hazelwell Street and entrance to private car park. 32 21 square metres of half width of highway known as Hazelwell Street fronting premises known as 70 Hazelwell Street, Stirchley, Birmingham B30 2JS.

33 3 square metres of half width of highway known as Hazelwell Street fronting passage way between properties known as 70 and 68 Hazelwell Street.

34 23 square metres of half width of highway known as Hazelwell Street fronting premises known as 68 Hazelwell Street, Stirchley, Birmingham B30 2JS.

35 22 square metres of half width of highway known as Hazelwell Street fronting premises known as 66 Hazelwell Street, Stirchley, Birmingham B30 2JS.

36 22 square metres of half width of highway known as Hazelwell Street fronting premises known as 64 Hazelwell Street, Stirchley, Birmingham B30 2JS.

37 28 square metres of half width of highway known as Hazelwell Street fronting premises and passageway known as 62 Hazelwell Street, Stirchley, Birmingham B30 2JS.

38 45 square metres of half width of highway known as Hazelwell Street fronting premises known as 60 Hazelwell Street, Stirchley, Birmingham, B30 2JS.

39 112 square metres of half width of highway known as Pershore Road fronting the rear of premises known Stirchley Elim Church, Hazelwell Street, Stirchley, Birmingham. 40 45 square metres of half width of highway known as Pershore Road fronting residential premises known as 1331 Pershore Road, Stirchley, Birmingham B30 2XT.

41 68 square metres of half width of highway known as Pershore Road fronting residential premises known as 1327 & 1329 Pershore Road, Stirchley, Birmingham, B30 2XT.

42 30 square metres of half width of highway known as Pershore Road fronting residential premises known as 1325 Pershore Road, Stirchley, Birmingham, B30 2XT.

43 31 square metres of half width of highway known as Pershore Road fronting residential premises known as 1323 Pershore Road, Stirchley, Birmingham B30 2XT.

44 75 square metres of half width of highway known as Pershore Road fronting residential premises known as 1319 & 1321 Pershore Road Stirchley, Birmingham, B30 2XT.

45 8 square metres of half width of highway known as Pershore Road fronting passageway between residential premises known as 1319 & 1317 Pershore Road, Stirchley, Birmingham, B30 2XT.

46 27 square metres of half width of highway known as Pershore Road fronting residential premises known as 1317 Pershore Road, Stirchley, Birmingham B30 2XT 47 70 square metres of half width of highway known as Pershore Road fronting residential premises and adjacent scrubland plot known as 1315 Pershore Road, Stirchley, Birmingham, B30 2XT 48 72 square metres of half width of highway known as Pershore Road fronting residential premises known as 1311 Pershore Road, Stirchley, Birmingham, B30 2XT 49 36 square metres of half width of highway known as Pershore Road fronting residential premises known as 1309 Pershore Road, Stirchley, Birmingham B30 2XT 50 174 square metres of half width of highway known as Pershore Road fronting 1307 Pershore Road and the rear of residential premises known a 23-35 (odds) Hazelwell Street, Stirchley, Birmingham.

51 69 square metres of half width of highway known as Pershore Road to the rear of the residential premises known as 17 Hazelwell Street, Stirchley, Birmingham B30 2JX. 52 229 square metres of half width of public highway known as Pershore Road, Stirchley, Birmingham fronting electricity sub-station and public convenience, Pershore Road, Stirchley, Birmingham.

53 506 square metres of land comprising entrance to and part of a private car park and road and landscaping fronting the commercial premises known as the Co Operative Funeral Services 1290 Pershore Road, Stirchley, Birmingham, B30 2XU together with half width of the highway known as Pershore Road, Stirchley, Birmingham.

DESCRIPTION OF THE NEW RIGHTS 54 The right to swing the jib of a crane loaded or unloaded over 221 square metres of part of car park and land to the south of the commercial premises known as 1290 Pershore Road, Stirchley Birmingham for the purposes of constructing the development on the adjoining land together with the right to enter onto the land from the adjoining land with or without machinery to undertake and maintain boundary treatment works, in connection with the development on the adjoining land.

55 The right to swing the jib of a crane loaded or unloaded over 2142 square metres of commercial premises, car park, outbuildings and all land appurtenant thereto and known as The Co Operative Funeral Services, 1290 Pershore Road, Stirchley, Birmingham B30 2XU for the purpose of constructing the development on the adjoining land.

56 The right to swing the jib of a crane loaded or unloaded over 402 square metres of part of rear gardens and bowling green and pavillion of the commercial premises known as The British Oak Public House 1364 Pershore Road Stirchley Birmingham B30 2XS for the purposes of constructing the development on the adjoining land together with the right to enter onto the land from the adjoining land with or without machinery to undertake and maintain boundary treatment works in connection with the development on the adjoining land.

57 The right to swing the jib of a crane loaded or unloaded over 3447 square metres of land and buildings known as The British Oak Public House, Stirchley, Birmingham B30 2XS for the purpose of constructing the development on the adjoining land. 58 The right to swing the jib of a crane loaded or unloaded over 138 square metres of land adjoining commercial premises known as The British Oak Public House, Stirchley, Birmingham B30 2XS for the purposes of constructing the development on the adjoining land together with the right to enter onto the land from the adjoining land with or without machinery to undertake and maintain boundary treatment works, in connection with the development on the adjoining land.

59 The right to swing the jib of a crane loaded or unloaded over 65 square metres of land adjoining commercial premises known as The British Oak Public House, Stirchley, Birmingham B30 2XS for the purposes of constructing the development on the adjoining land together with the right to enter onto the land from the adjoining land with or without machinery to undertake and maintain boundary treatment works, in connection with the development on the adjoining land.

STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 Power to make general vesting declaration 1. Birmingham City Council (hereinafter called "the acquiring authority") may acquire any of the land and rights 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 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.

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 acquiring authority making the declaration in the prescribed form with respect to his name and address and the land in question. The relevant prescribed form for giving information referred to above is set out below: - Please complete the form and return it to Elizabeth Biddle, Legal & Democratic Services, PO Box 15992, Birmingham B2 2UQ.

FORM FOR GIVING INFORMATION THE BIRMINGHAM CITY COUNCIL (HAZELWELL LANE STIRCHLEY) PLANNING COMPULSORY PURCHASE ORDER 2012 TO: Birmingham City Council (the acquiring authority) [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.

Name and address of informant(s) (i) ............................................................................................................. ...................................................................................................................................................................... Land in which an interest is held by informant(s) (ii) ....................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... Nature of interest (iii) ..................................................................................................................................... Signed .......................................................................................................................................................... [on behalf of .................................................................................................................................................. Date .............................................................................................................................................................. In the case of a joint interest insert the names and addresses of all the informants.

The land should be described concisely. 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 encumbrance, details should be given e.g. name of building society and roll number.

David Tatlow Director of Legal Services, Birmingham City Council LS/PTY/EB128217
COPYRIGHT 2013 Birmingham Post & Mail Ltd
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2013 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:Features
Publication:Birmingham Mail (England)
Article Type:Public notice
Geographic Code:4EUUK
Date:Nov 6, 2013
Words:3482
Previous Article:England to face scrum test - Dan; RUGBY UNION.
Next Article:Legal collapses under scrutiny; INSIDE BIZ.
Topics:

Terms of use | Privacy policy | Copyright © 2021 Farlex, Inc. | Feedback | For webmasters |