The Moray Council (Braelossie, Prospect Terrace, Lossiemouth) Compulsory Purchase Order 2019 - Moray Archived

(a) WARNING

1. If in Doubt about the effect of this Notice consult the Acquiring Authority or a Solicitor.

2. Information on the rights to compensation payable and on any time limits may be obtained from the Acquiring Authority

The Town and Country Planning (Scotland) Act 1997 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

The Moray Council (Braelossie, Prospect Terrace, Lossiemouth) Compulsory Purchase Order 2019

1. Notice is hereby given that the Scottish Ministers in exercise of the powers conferred by paragraph 4(1) of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and all other powers enabling them to do so have confirmed the Moray Council (Braelossie, Prospect Terrace, Lossiemouth) Compulsory Purchase Order 2019 submitted by Moray Council (hereinafter referred to as the "acquiring authority").

2. The Order as confirmed provides for the purchase for the purpose of securing the redevelopment and improvement, as is necessary in the interests of the proper planning of the area, of the land described in the Schedule hereto.

3. A copy of the Order as confirmed and of the map referred to therein have been deposited at The Access Point, Moray Council, Council Office, High Street, Elgin, IV30 1BX and may be seen there without payment of fee between the hours of 8am and 5pm on business days.

4. The Order as confirmed becomes operative on 21 February 2020 being the date on which this notice is first published; but a person aggrieved by the Order may, in accordance with the provisions of paragraph 15 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as extended by section 60 of the Land Compensation (Scotland) Act 1973, by application to the Court of Session within 6 weeks from that date, question its validity on the grounds (i) that the authorisation granted by the order is not empowered to be granted or (ii) that the applicant's interests have been substantially prejudiced by failure to comply with any statutory requirement relating to the Order.

5. The acquiring authority may acquire the land to which this notice relates by making a general vesting declaration under section 195 of the Town and Country Planning (Scotland) Act 1997. Such a declaration shall not be executed before the end of the period of two months beginning with the date of the first publication of this notice except with the consent of every occupier of the land affected. The effect of making such a declaration is to vest the land in the acquiring authority at the end of the appropriate period and is more fully explained in Form 8 (statement to be included in Form 4 when a general vesting declaration is to be made) contained in the Compulsory Purchase of Land (Scotland) Regulations 2003. A copy of the said Regulations has also been deposited and may be seen as aforesaid.

   Persons entitled to claim compensation in respect of any interest in the land are invited to give information with respect to their name and address and the land and their interest therein on the prescribed form, a copy of which will be sent by the acquiring authority on application to the Estates Manager, Moray Council, Council Office, High Street, Elgin IV30 1BX.