Railways

BirminghamB4 6GA52.484141-1.898832COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981Compulsory Purchase (Vesting Declarations) Act 1981Compulsory Purchase (Vesting Declarations) Act 1981, s. 4High Speed Rail (London - West Midlands) Act 20172017-02-232021-08-27TSO (The Stationery Office), customer.services@thegazette.co.uk387348663459

HIGH SPEED RAIL (LONDON – WE ST MIDLANDS) ACT 2017

COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

TO: PERSONS HAVING A RELEVANT INTEREST IN THE LAND DESCRIBED IN THE SCHEDULE HERETO

1. The High Speed Rail (London – West Midlands) Act 2017 ("the High Speed Rail Act") received Royal Assent on 23 February 2017.

2. The Secretary of State for Transport (the “Acquiring Authority”) is authorised under section 4 of the High Speed Rail Act to exercise powers under section 4(1) of the High Speed Rail Act to acquire compulsorily so much of the land within the limits of the High Speed Rail Act as may be required for Phase One purposes¹.

3. By virtue of section 4(4) of the High Speed Rail Act, the Compulsory Purchase (Vesting Declarations) Act 1981 ("the 1981 Act") applies as if the High Speed Rail Act were a compulsory purchase order.

4. Pursuant to section 3A of the 1981 Act² before making a general vesting declaration (“GVD”) under section 4 of the 1981 Act the Acquiring Authority must, in a notice which is (a) given to every person with a relevant interest in the land with respect to which a GVD is to be made (other than a mortgagee who is not in possession); and (b) published in the London Gazette, include the particulars in section 3A(3) of the 1981 Act³.

5. Notice is hereby given pursuant to section 3A of the 1981 Act⁴.

6. Pursuant to section 3A(3) of the 1981 Act, a Statement of the Effect of Parts 2 and 3 of the 1981 Act is contained in Part 1 of Schedule 2 to this notice, which provides an explanation of the process for and the effect of a GVD in respect of the land described in Schedule 1 hereto. Part 1 of Schedule 2 to this notice also invites any person who would be entitled to claim compensation if a GVD were executed under section 4 of the 1981 Act to give the Acquiring Authority information about the person’s name, address and interest in the land using the form set out in Part 2 of Schedule 2.

SCHEDULE 1

LONDON BOROUGH OF BRENT

(1) Plot No	(2) Description
07213	All that stratum of subsoil that lies beneath 838.20 square metres, or thereabouts, of public road and footways (Premier Corner, B413 off Kilburn Lane), the upper extremity of which is 2.9 metres above Ordnance Survey Datum and the lower extremity of which is 15.6 metres below Ordnance Survey Datum.
07214	All that stratum of subsoil that lies beneath 2.69 square metres, or thereabouts, of garden (265 Kilburn Lane), the upper extremity of which is 3.7 metres above Ordnance Survey Datum and the lower extremity of which is 14.5 metres below Ordnance Survey Datum.
07215	All that stratum of subsoil that lies beneath 12.41 square metres, or thereabouts, of flats and premises (267 Kilburn Lane), the upper extremity of which is 3.7 metres above Ordnance Survey Datum and the lower extremity of which is 14.5 metres below Ordnance Survey Datum.
07216	All that stratum of subsoil that lies beneath 23.30 square metres, or thereabouts, of flats and premises (269 Kilburn Lane), the upper extremity of which is 3.7 metres above Ordnance Survey Datum and the lower extremity of which is 14.6 metres below Ordnance Survey Datum.
07217	All that stratum of subsoil that lies beneath 46.58 square metres, or thereabouts, of flats and premises (271 Kilburn Lane), the upper extremity of which is 3.7 metres above Ordnance Survey Datum and the lower extremity of which is 14.6 metres below Ordnance Survey Datum.
07218	All that stratum of subsoil that lies beneath 81.02 square metres, or thereabouts, of flats and premises (275 Kilburn Lane), the upper extremity of which is 3.6 metres above Ordnance Survey Datum and the lower extremity of which is 14.7 metres below Ordnance Survey Datum.
07219	All that stratum of subsoil that lies beneath 84.56 square metres, or thereabouts, of flats and premises (273 Kilburn Lane), the upper extremity of which is 3.6 metres above Ordnance Survey Datum and the lower extremity of which is 14.7 metres below Ordnance Survey Datum.
07220	All that stratum of subsoil that lies beneath 92.61 square metres, or thereabouts, of flats and premises (277 Kilburn Lane), the upper extremity of which is 3.5 metres above Ordnance Survey Datum and the lower extremity of which is 14.8 metres below Ordnance Survey Datum. 07221 All that stratum of subsoil that lies beneath 93.00 square metres, or thereabouts, of flats and premises (279 Kilburn Lane), the upper extremity of which is 3.5 metres above Ordnance Survey Datum and the lower extremity of which is 14.8 metres below Ordnance Survey Datum.
07222	All that stratum of subsoil that lies beneath 109.51 square metres, or thereabouts, of flats and premises (283 Kilburn Lane), the upper extremity of which is 3.4 metres above Ordnance Survey Datum and the lower extremity of which is 14.9 metres below Ordnance Survey Datum.
07223	All that stratum of subsoil that lies beneath 114.06 square metres, or thereabouts, of flats and premises (281 Kilburn Lane), the upper extremity of which is 3.5 metres above Ordnance Survey Datum and the lower extremity of which is 14.8 metres below Ordnance Survey Datum.
07224	All that stratum of subsoil that lies beneath 124.29 square metres, or thereabouts, of flats and premises (285 Kilburn Lane), the upper extremity of which is 3.4 metres above Ordnance Survey Datum and the lower extremity of which is 14.9 metres below Ordnance Survey Datum.
07225	All that stratum of subsoil that lies beneath 127.57 square metres, or thereabouts, of flats and premises (287 Kilburn Lane), the upper extremity of which is 3.4 metres above Ordnance Survey Datum and the lower extremity of which is 14.9 metres below Ordnance Survey Datum.
07226	All that stratum of subsoil that lies beneath 3.05 square metres, or thereabouts, of garden (21 Claremont Road), the upper extremity of which is 3.4 metres above Ordnance Survey Datum and the lower extremity of which is 14.9 metres below Ordnance Survey Datum. 07227 All that stratum of subsoil that lies beneath 7.72 square metres, or thereabouts, of garden (20 Claremont Road), the upper extremity of which is 3.3 metres above Ordnance Survey Datum and the lower extremity of which is 14.9 metres below Ordnance Survey Datum.
07228	All that stratum of subsoil that lies beneath 11.76 square metres, or thereabouts, of garden (19 Claremont Road), the upper extremity of which is 3.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.0 metres below Ordnance Survey Datum.
07229	All that stratum of subsoil that lies beneath 36.57 square metres, or thereabouts, of gardens (17 and 18 Claremont Road), the upper extremity of which is 3.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.0 metres below Ordnance Survey Datum.
07232	All that stratum of subsoil that lies beneath 133.54 square metres, or thereabouts, of flats and garden (291 Kilburn Lane), the upper extremity of which is 3.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.0 metres below Ordnance Survey Datum.
07233	All that stratum of subsoil that lies beneath 138.08 square metres, or thereabouts, of post office, shop, flats and premises (297 Kilburn Lane), the upper extremity of which is 3.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.1 metres below Ordnance Survey Datum.
07234	All that stratum of subsoil that lies beneath 240.45 square metres, or thereabouts, of shop, flats and premises (299 Kilburn Lane) and gardens (14, 15 and 16 Claremont Road), the upper extremity of which is 3.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.1 metres below Ordnance Survey Datum.
07235	All that stratum of subsoil that lies beneath 270.05 square metres, or thereabouts, of shop, flats and premises (293 and 295 Kilburn Lane), the upper extremity of which is 3.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.0 metres below Ordnance Survey Datum.
07237	All that stratum of subsoil that lies beneath 130.04 square metres, or thereabouts, of shop, flats and premises (301 Kilburn Lane), the upper extremity of which is 3.2 metres above Ordnance Survey Datum and the lower extremity of which is 15.1 metres below Ordnance Survey Datum.
07238	All that stratum of subsoil that lies beneath 83.05 square metres, or thereabouts, of restaurant, garden, flats and premises (305 Kilburn Lane), the upper extremity of which is 3.2 metres above Ordnance Survey Datum and the lower extremity of which is 15.2 metres below Ordnance Survey Datum.
07239	All that stratum of subsoil that lies beneath 27.60 square metres, or thereabouts, of restaurant and flats (305 Kilburn Lane), the upper extremity of which is 3.2 metres above Ordnance Survey Datum and the lower extremity of which is 15.1 metres below Ordnance Survey Datum.
07240	All that stratum of subsoil that lies beneath 28.90 square metres, or thereabouts, of garden premises (305 Kilburn Lane), the upper extremity of which is 3.1 metres above Ordnance Survey Datum and the lower extremity of which is 15.2 metres below Ordnance Survey Datum.
07241	All that stratum of subsoil that lies beneath 167.35 square metres, or thereabouts, of flats and premises (307 Kilburn Lane), the upper extremity of which is 3.1 metres above Ordnance Survey Datum and the lower extremity of which is 15.2 metres below Ordnance Survey Datum.
07242	All that stratum of subsoil that lies beneath 477.57 square metres, or thereabouts, of flats, premises and car park (Claremont Court), the upper extremity of which is 3.2 metres above Ordnance Survey Datum and the lower extremity of which is 15.2 metres below Ordnance Survey Datum.
07243	All that stratum of subsoil that lies beneath 134.75 square metres, or thereabouts, of flats and premises (303 Kilburn Lane), the upper extremity of which is 3.2 metres above Ordnance Survey Datum and the lower extremity of which is 15.1 metres below Ordnance Survey Datum.
07246	All that stratum of subsoil that lies beneath 104.03 square metres, or thereabouts, of car park (313 Kilburn Lane), the upper extremity of which is 3.0 metres above Ordnance Survey Datum and the lower extremity of which is 15.4 metres below Ordnance Survey Datum.
07247	All that stratum of subsoil that lies beneath 400.17 square metres, or thereabouts, of office, train crew depot, car park and premises (Premier House, 313 Kilburn Lane), the upper extremity of which is 3.0 metres above Ordnance Survey Datum and the lower extremity of which is 15.4 metres below Ordnance Survey Datum.
07248	All that stratum of subsoil that lies beneath 564.82 square metres, or thereabouts, of yard and premises (former building Times House, 50 Claremont Road), the upper extremity of which is 3.0 metres above Ordnance Survey Datum and the lower extremity of which is 15.4 metres below Ordnance Survey Datum.
07250	All that stratum of subsoil that lies beneath 21.93 square metres, or thereabouts, of car park (Claremont Car Park, off Kilburn Lane and Premier Corner, B413), the upper extremity of which is 2.7 metres above Ordnance Survey Datum and the lower extremity of which is 15.5 metres below Ordnance Survey Datum.
07251	All that stratum of subsoil that lies beneath 389.53 square metres, or thereabouts, of public road and footways (Salusbury Road), the upper extremity of which is 2.7 metres above Ordnance Survey Datum and the lower extremity of which is 15.6 metres below Ordnance Survey Datum.
07252	All that stratum of subsoil that lies beneath 624.42 square metres, or thereabouts, of car park (Claremont Car Park, off Kilburn Lane and Premier Corner, B413), the upper extremity of which is 2.9 metres above Ordnance Survey Datum and the lower extremity of which is 15.6 metres below Ordnance Survey Datum.
07253	All that stratum of subsoil that lies beneath 315.68 square metres, or thereabouts, of flats, communal areas and premises (Cullen House, 2 Salusbury Road), the upper extremity of which is 2.8 metres above Ordnance Survey Datum and the lower extremity of which is 15.6 metres below Ordnance Survey Datum.
07254	All that stratum of subsoil that lies beneath 141.81 square metres, or thereabouts, of house and garden (289 Kilburn Lane), the upper extremity of which is 3.4 metres above Ordnance Survey Datum and the lower extremity of which is 14.9 metres below Ordnance Survey Datum.
07255	All that stratum of subsoil that lies beneath 1175.18 square metres, or thereabouts, of public road and footways (Kilburn Lane), the upper extremity of which is 3.9 metres above Ordnance Survey Datum and the lower extremity of which is 15.2 metres below Ordnance Survey Datum.
07256	All that stratum of subsoil that lies beneath 113.01 square metres, or thereabouts, of public road and footways (Claremont Road), the upper extremity of which is 3.6 metres above Ordnance Survey Datum and the lower extremity of which is 14.7 metres below Ordnance Survey Datum.
07257	All that stratum of subsoil that lies beneath 532.11 square metres, or thereabouts, of public road and footways (Claremont Road), the upper extremity of which is 3.1 metres above Ordnance Survey Datum and the lower extremity of which is 15.3 metres below Ordnance Survey Datum.

SCHEDULE 2

PART 1 STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

POWER TO EXECUTE A GENERAL VESTING DECLARATION

1. The Acquiring Authority may acquire any of the land described in Schedule 1 above by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (“the 1981 Act”). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in the Acquiring Authority at the end of the period mentioned in paragraph 2 below.

NOTICES CONCERNING GENERAL VESTING DECLARATION

2. As soon as may be after the Acquiring Authority executes a general vesting declaration, they must serve notice of it on every occupier of any of the freehold mines and minerals comprised in the Land, specified in the declaration (except where there is one of the tenancies described in paragraph 4) and on every person who gives them information relating to the mines and minerals in pursuance of the invitation contained in any notice. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first day after the end of this period the freehold mines and minerals comprising in the Land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in the Acquiring Authority together with the right to take possession of the mines and minerals, to win and work such mines and minerals and all related ancillary rights. Every person on whom the Acquiring Authority could have served a notice to treat in respect of his interest in the mines and minerals comprised in the Land (other than a tenant under one of the tenancies described in paragraph 4) will be entitled to claim compensation for the acquisition of his interest in the mines and minerals comprised in the Land, with interest on the compensation from the vesting date.

3. The “vesting date” for any mines and minerals comprised in the land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the 1981 Act⁵ within that period. In such circumstances, the vesting date for the mines and minerals comprised in the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.

MODIFICATIONS WITH RESPECT TO CERTAIN TENANCIES

4. 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.

5. 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 4 unless the Acquiring Authority first serves notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of intention to enter and take possession after the period (not less than 14 days⁶ 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.

PROVISION OF INFORMATION

Every person who, if a general vesting declaration were made in respect of all the land authorised to be acquired by the Acquiring Authority pursuant to the High Speed Rail (London – West Midlands) Act 2017 (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 in the prescribed form with respect to his name and address and the land in question. The relevant prescribed form is set out below.

Dated 27 August 2021

Mike Hickson OBE, Director of Land & Property

High Speed Two (HS2) Limited as Agent for and on behalf of the Secretary of State for Transport

PART 2 FORM FOR GIVING INFORMATION

To: Head of Land Assembly

Land & Property Directorate

High Speed Two (HS2) Limited

Two Snowhill

Snowhill Queensway

Birmingham, B4 6GA

[I] [We] being [a person] [persons] who, if a general vesting declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all of the freehold mines and minerals comprised within the Land together with the right to win and work them and all related ancillary rights, 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 freehold mines and minerals comprised in the Land, give you the following information, pursuant to the provisions of Section 3A⁷ of the Compulsory Purchase (Vesting Declarations) Act 1981.

1. NAME AND ADDRESS OF INFORMANT(S)¹

………………………………………………………………………………

2. LAND IN WHICH AN INTEREST IS HELD BY INFORMANT(S)²

………………………………………………………………………………

3. NATURE OF INTEREST³

………………………………………………………………………………

Signed ……………………………………………………………………….

(on behalf of…………………………………………………………………)

Date ………………………………………………………………………..

S121_084

¹ In the case of a joint interest, insert the names and addresses of all of the informants.

² The land should be described concisely.

³ 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).

¹Phase One Purposes has the meaning given by section 67 of the High Speed Rail Act.

² Section 3A of the 1981 Act as inserted by paragraph 3(a) of Schedule 6 to the High Speed Rail Act as substituted by section 11 of, and paragraphs 6 and 7 of Schedule 14 to, that Act.

³As amended by the High Speed Rail Act.

⁴ As amended by the High Speed Rail Act.

⁵ Schedule A1 to the 1981 Act as amended by section 11 of and paragraph 6 of Schedule 14 to the High Speed Rail Act.

⁶ Section 9 of the 1981 Act as modified by paragraph 3(d) of Schedule 6 to the High Speed Rail (London - West Midlands) Act 2017 as substituted by section 11 of, and paragraph 6 of Schedule 14 to, that Act.

⁷ Section 3A of the 1981 Act as inserted by paragraph 3(a) of Schedule 6 to the High Speed Rail (London – West Midlands) Act 2017 as substituted by section 11 of, and paragraphs 6 and 7 of Schedule 14 to, that Act.