Compulsory purchase order — Notice of intention to execute general vesting declaration — Declaration made more than three years after notice of order — Whether order still operative — Whether notice of intention exercise of powers — Whether all acts to vest title must be completed within three years — Declaration in favour of council
The plaintiff council made two compulsory purchase orders in respect of properties owned by the defendants, namely 210 Ashmore Road and 75-77 Elgin Avenue, London W9. The orders were confirmed by the Secretary of State for the Environment on September 24 1984 and January 25 1985 respectively. The notice of confirmation of the order affecting the first defendant was sent to him on July 18 1985; he commenced proceedings under section 23 of the Acquisition of Land Act 1981 challenging the order. Those proceedings were finally dismissed on October 28 1987 following an appeal to the Court of Appeal. The council then made a general vesting declaration on September 30 1988 in respect of the first defendant’s property which gave as the vesting date December 5 1988. On November 30 1987 the defendant informed the council that the compulsory purchase order was no longer operative.
The council applied by way of an originating summons for a declaration that the orders were operative for three years from the date the notice of confirmation was given, namely as from July 19 1985.
Held The declaration was granted.
The council had exercised their powers within three years of July 18 1985 in accordance with section 4 of the Compulsory Purchase Act 1965. They had served a notice pursuant to section 3 of the Compulsory Purchase (Vesting Declarations) Act 1981, which contained particulars relating to the proposed general vesting declaration on July 18 1988 and this gave them a right to execute a vesting declaration. All acts to acquire legal title do not have to be taken within three years.
Marquis of Salisbury v Great Northern Railway
(1852) 17 QB 840 considered.
Andrew Collins QC and Robin Campbell (instructed by the solicitor to Westminster City Council) appeared for the plaintiff; the first defendant, Mr Qureshi, appeared in person; and Margaret McCabe (instructed by Harry I Alkin & Co) appeared for the second defendant, Barclays Bank plc.