Vision for Kirkholt "Ideas for Change" Masterplan

Information about the Initial Demolition Notice

PUBLIC NOTICE - Initial Demolition Notice: Suspension of Right to Buy ('The Notice')

• Properties we are intending to demolish
• Reasons for Demolition
• Proposed Demolition Period
• Date by which the Initial Demolition Notice shall no longer have effect
• Effect of the Initial Demolition Notice
• Right to Compensation
• Further information about this notice

Information about the Initial Demolition Notice

Recent changes in the law will affect the right to buy your council home.

The law says that if we intend to demolish any council houses we have to serve an Initial Demolition Notice (IDN).  Once we have done this we have to suspend the right-to-buy. These changes mean that if you live in the parts of the Borough where we are planning regeneration schemes, and a notice has been served, you will not be able to go ahead with buying your council house.

The Initial Demolition Notice does not mean that your home is about to be demolished straight away. The notice can remain active for up to five years. Any demolition that takes place will happen in carefully planned phases. You will receive information from Rochdale Boroughwide Housing before each phase begins.

It does not mean that your right-to-buy has been withdrawn – only suspended. If you move to another council house or flat (and remain a secure tenant), you will be able to apply to buy it and you will still qualify for any discounts.

If your home is going to be affected you will receive the notice that explains:

• Why we need to demolish your home
• Which other homes will be demolished
• When we will start and finish demolishing homes in the area
• Information about how to claim compensation for any payments that you have made.

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Properties we are intending to demolish

This notice is given by Rochdale Borough Council ('the council') that we, the Council intend to demolish the following properties (also referred to as 'the Relevant Properties').  Provisional to Schedule 5A para .2(2) of the Housing Act 1985 as amended by the Housing Act 2004 ('the Act').

Balderstone Road - Numbers

30, 32, 34, 38, 40, 42, 44, 46, 48, 49, 50, 51, 52, 53, 54, 56, 57, 92, 94, 96, 98, 100, 102, 104, 106, 107, 109, 111, 113, 115, 133, 135, 137, 139, 143, 147, 149, 153, 155, 157, 159, 161, 163, 165, 167, 169, 171, 173, 175, 177, 179, 181, 183, 185, 187, 189, 191, 193, 195, 197, 199, 201, 203, 205, 207, 209, 211, 213, 215, 217, 219, 221, 223.

Gisburn Drive - Numbers

38, 40, 42, 44.

Cumberland Road - Numbers

33, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59, 61, 63, 65, 67, 69, 71, 73, 75.

Daventry Road - Numbers

27, 76, 78, 102, 104, 106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, 134, 136, 138, 140, 142, 144, 146, 148, 150, 152, 154, 156, 158, 160, 162, 164, 166, 168, 170, 172, 174, 176, 178, 180, 182, 184, 186, 188, 190, 192, 194, 196, 198, 200, 202, 204, 206, 208, 210, 212, 214, 216, 218, 220.

Friars Crescent - Numbers

1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14/16, 15, 17, 18/20, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 33, 35, 36, 37, 38, 40, 41, 43, 44, 45, 46, 47, 49, 50, 51, 52, 53, 54, 57, 58, 59, 60, 61, 63, 65, 67, 71, 73, 77, 79, 81, 83.

Great Gates Road - Numbers

50, 52, 54, 56, 58, 60, 62, 64, 66, 68, 70, 72, 77, 79, 81, 83, 94, 96, 98, 100, 102, 104, 106, 108, 110, 112, 114, 116, 125, 127, 129, 131, 133, 135, 137, 139, 173, 174, 175, 176, 177, 178, 179.

Hill Top Drive - Numbers

145, 149, 151, 153, 155, 159, 161, 167, 171, 173, 175.

Kildare Crescent - Numbers

4, 10, 12, 14, 16, 20, 22, 24, 26, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74/76, 75, 77, 78, 79, 80, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 99, 101, 103, 105, 107, 109, 111, 113, 115, 117, 119, 121, 123, 125, 127, 129, 131.

Ludgate Road - Numbers

19, 37, 39

Raneley Grove - Numbers

1, 3 ,5, 7, 9, 11, 13, 14, 15, 17, 19, 20, 21, 22, 23, 25, 26, 27, 28, 30, 32.

Mornington Road - Numbers

3, 86

Queens Drive - Numbers

29, 31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 55, 57, 59, 61, 63, 65, 67, 69, 71, 75, 77, 81, 83, 85, 89, 91, 93, 95, 97, 99.

Hartley Terrace - Numbers

2, 3, 4, 5, 6, 7.

The Strand - Numbers

3, 4, 5, 6, 09/10, 25, 26, 27, 28, 33, 34, 35, 36, 41/46.

Rudyard Grove - Numbers

1, 7.

Aldwych - Numbers

27, 29, 31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55.

Curzon Road - Numbers

33, 35, 37, 39, 41, 43, 45, 47, 66, 68, 74, 76, 78, 80, 82, 84, 86, 88, 90, 92, 94, 96, 105, 107, 109, 111.

Lilac Road - Numbers

1, 2, 3, 4.

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Reasons for Demolition

The demolition of the Relevant Properties is necessary for the regeneration of the Kirkholt Housing Market Renewal Neighbourhood and is part of the Vision for Kirkholt ”Ideas for Change” Masterplan which was endorsed by the Council in July 2007. Demolitions will be phased and residents will be informed by letter when their area becomes scheduled for demolition.

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Proposed Demolition Period

The Council intends to carry out each demolition phase of the Relevant Properties within the period 9th day of January 2008 to 8th day of January 2013 (being not later than five years from the date notice is served on those tenants and being a reasonable period to carry out the proposed demolition).

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Date by which the Initial Demolition Notice shall no longer have effect

The Council will be serving initial demolition notices upon tenants of all the Relevant Properties. These notices will remain in force up to and including 8th day of January 2013 unless revoked or otherwise terminated under or by virtue of paragraph 3 of schedule 5A of the Housing Act 1985.

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Effect of the Initial Demolition Notice

During the period of validity of any such Notice or Notices, Rochdale Borough Council will not be under any obligation to make a freehold transfer or lease in respect of any claim to exercise the Right to Buy in respect of any dwelling contained in the relevant area. However this initial Notice does not prevent any tenant from making an application to buy so that if the demolition plans fail to proceed the application can be completed.

If the Council subsequently serves a final demolition notice in respect of the Relevant Properties the Council is empowered to refuse any existing or future Right to Buy applications for any of the Relevant Properties.

The suspension of the Right to Buy on the Relevant Properties will not affect any valid claims made before the 18th January 2005.

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Right to Compensation

Where this Initial Demolition Notice has been served upon a secure tenant with an existing claim to exercise Right to Buy in respect of any of the Relevant Properties there may be a right to compensation under Section 138C of the Housing Act 1985 in respect of certain expenditure incurred in relation to that existing Right to Buy claim.

Any claim for compensation pursuant to this notice should be served upon the Council within the period of three months beginning from the operative date of this Notice. Compensation under Section 138C is compensation in respect of expenditure reasonably incurred by the tenant before the operative date in respect of legal and other fees and other professional costs and expenses payable in connection with that Right to Buy claim.

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Further information about this notice is obtainable from:

• To check the status of any existing Right to Buy application please phone Anne Palin at Rochdale Boroughwide Housing on 01706 273732
• For advice on housing options please contact Julie Sandham (Central Re-housing Manager) on 01706 273783.
• For general enquiries about the notice please contact Vivienne Hall on 01706 273833 (e-mail vivienne.hall@rochdale.gov.uk), or call in at the Kirkholt Drop-In Centre at 10 The Strand, Kirkholt, (tel – 01706651425).

Dated this day: 9th January 2008.

Catherine Witham

Borough Solicitor

Town Hall

Rochdale OL16 1AB

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