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 20172017-02-232021-12-10TSO (The Stationery Office), customer.services@thegazette.co.uk394773163553

HIGH SPEED RAIL (LONDON – WEST 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 shall, in a notice which is (a) given to every person with a relevant interest in the land with respect to which a declaration 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.

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 EALING

(1) Plot No.	(2) Description
09885	All that stratum of subsoil that lies beneath 508.81 square metres, or thereabouts, of public road and footways (Chase Road), the upper extremity of which is 22.5 metres above Ordnance Survey Datum and the lower extremity of which is 5.6 metres above Ordnance Survey Datum, excluding any interest held by the Secretary of State for Transport.
09886	All that stratum of subsoil that lies beneath 5171.47 square metres, or thereabouts, of cemetery (Acton Cemetery), the upper extremity of which is 22.5 metres above Ordnance Survey Datum and the lower extremity of which is 4.7 metres above Ordnance Survey Datum.
09887	All that stratum of subsoil that lies beneath 120.04 square metres, or thereabouts, of warehouse, offices and premises (Unit D, The Sunbeam Centre), the upper extremity of which is 21.9 metres above Ordnance Survey Datum and the lower extremity of which is 4.6 metres above Ordnance Survey Datum.
09888	All that stratum of subsoil that lies beneath 40.71 square metres, or thereabouts, of private road (Sunbeam Road), the upper extremity of which is 21.9 metres above Ordnance Survey Datum and the lower extremity of which is 4.6 metres above Ordnance Survey Datum.
09889	All that stratum of subsoil that lies beneath 3059.39 square metres, or thereabouts, of railway (Acton-Northolt Line and Central Line), works and land, the upper extremity of which is 19.7 metres above Ordnance Survey Datum and the lower extremity of which is 4.1 metres above Ordnance Survey Datum.
09890	All that stratum of subsoil that lies beneath 841.40 square metres, or thereabouts, of warehouse and premises (5-7 Park Royal Road), the upper extremity of which is 21.0 metres above Ordnance Survey Datum and the lower extremity of which is 3.9 metres above Ordnance Survey Datum.
09891	All that stratum of subsoil that lies beneath 1374.43 square metres, or thereabouts, of railway (Central Line), works and land, the upper extremity of which is 19.3 metres above Ordnance Survey Datum and the lower extremity of which is 3.9 metres above Ordnance Survey Datum.
09892	All that stratum of subsoil that lies beneath 457.82 square metres, or thereabouts, of public road and footway (Western Avenue), the upper extremity of which is 22.1 metres above Ordnance Survey Datum and the lower extremity of which is 0.6 metres below Ordnance Survey Datum.
09893	All that stratum of subsoil that lies beneath 216.97 square metres, or thereabouts, of offices and premises (Unit 1a Lower Park Trading Estate, North Acton), the upper extremity of which is 21.5 metres above Ordnance Survey Datum and the lower extremity of which is 3.6 metres above Ordnance Survey Datum.
09894	All that stratum of subsoil that lies beneath 1555.84 square metres, or thereabouts, of allotment gardens (North Acton Allotment Gardens), the upper extremity of which is 21.4 metres above Ordnance Survey Datum and the lower extremity of which is 2.5 metres above Ordnance Survey Datum.
09895	All that stratum of subsoil that lies beneath 2.15 square metres, or thereabouts, of garden (372 Western Avenue), the upper extremity of which 2 320 is 22.2 metres above Ordnance Survey Datum and the lower extremity of which is 3.0 metres above Ordnance Survey Datum.
09896	All that stratum of subsoil that lies beneath 14.19 square metres, or thereabouts, of garden (374 Western Avenue), the upper extremity of which is 22.3 metres above Ordnance Survey Datum and the lower extremity of which is 2.9 metres above Ordnance Survey Datum.
09897	All that stratum of subsoil that lies beneath 26.98 square metres, or thereabouts, of garden (376 Western Avenue), the upper extremity of which is 22.2 metres above Ordnance Survey Datum and the lower extremity of which is 2.8 metres above Ordnance Survey Datum.
09898	All that stratum of subsoil that lies beneath 40.72 square metres, or thereabouts, of garden (378 Western Avenue), the upper extremity of which is 22.4 metres above Ordnance Survey Datum and the lower extremity of which is 2.8 metres above Ordnance Survey Datum.
09899	All that stratum of subsoil that lies beneath 52.38 square metres, or thereabouts, of garden (380 Western Avenue), the upper extremity of which is 22.4 metres above Ordnance Survey Datum and the lower extremity of which is 2.7 metres above Ordnance Survey Datum.
09900	All that stratum of subsoil that lies beneath 69.18 square metres, or thereabouts, of garden (382 Western Avenue), the upper extremity of which is 22.3 metres above Ordnance Survey Datum and the lower extremity of which is 2.6 metres above Ordnance Survey Datum.
09901	All that stratum of subsoil that lies beneath 80.11 square metres, or thereabouts, of garden (384 Western Avenue), the upper extremity of which is 22.3 metres above Ordnance Survey Datum and the lower extremity of which is 2.5 metres above Ordnance Survey Datum.
09902	All that stratum of subsoil that lies beneath 118.35 square metres, or thereabouts, of garden (386 Western Avenue), the upper extremity of which is 22.4 metres above Ordnance Survey Datum and the lower extremity of which is 2.4 metres above Ordnance Survey Datum.
09903	All that stratum of subsoil that lies beneath 164.68 square metres, or thereabouts, of garden (388 Western Avenue), the upper extremity of which is 22.2 metres above Ordnance Survey Datum and the lower extremity of which is 2.3 metres above Ordnance Survey Datum.
09904	All that stratum of subsoil that lies beneath 131.26 square metres, or thereabouts, of garden (390 Western Avenue), the upper extremity of which is 22.4 metres above Ordnance Survey Datum and the lower extremity of which is 2.3 metres above Ordnance Survey Datum.
09905	All that stratum of subsoil that lies beneath 126.38 square metres, or thereabouts, of garden (392 Western Avenue), the upper extremity of which is 22.3 metres above Ordnance Survey Datum and the lower extremity of which is 2.2 metres above Ordnance Survey Datum.
09906	All that stratum of subsoil that lies beneath 120.04 square metres, or thereabouts, of house and garden (394 Western Avenue), the upper extremity of which is 22.2 metres above Ordnance Survey Datum and the lower extremity of which is 2.1 metres above Ordnance Survey Datum.
09907	All that stratum of subsoil that lies beneath 116.96 square metres, or thereabouts, of house and garden (396 Western Avenue), the upper extremity of which is 22.3 metres above Ordnance Survey Datum and the lower extremity of which is 2.0 metres above Ordnance Survey Datum.
09908	All that stratum of subsoil that lies beneath 106.72 square metres, or thereabouts, of house and garden (398 Western Avenue), the upper extremity of which is 22.2 metres above Ordnance Survey Datum and the lower extremity of which is 2.0 metres above Ordnance Survey Datum. 3
09909	All that stratum of subsoil that lies beneath 69.30 square metres, or thereabouts, of house and garden (400 Western Avenue), the upper extremity of which is 22.4 metres above Ordnance Survey Datum and the lower extremity of which is 1.9 metres above Ordnance Survey Datum.
09910	All that stratum of subsoil that lies beneath 229.74 square metres, or thereabouts, of block of flats and hardstanding (402 Western Avenue), the upper extremity of which is 22.0 metres above Ordnance Survey Datum and the lower extremity of which is 1.7 metres above Ordnance Survey Datum.
09911	All that stratum of subsoil that lies beneath 60.09 square metres, or thereabouts, of land (west of 402 Western Avenue), the upper extremity of which is 22.0 metres above Ordnance Survey Datum and the lower extremity of which is 1.5 metres above Ordnance Survey Datum.
09912	All that stratum of subsoil that lies beneath 514.03 square metres, or thereabouts, of railway (Central Line) and bridge carrying public highway (Park Royal Road) over, works and land, the upper extremity of which is 19.9 metres above Ordnance Survey Datum and the lower extremity of which is 3.7 metres above Ordnance Survey Datum.
09913	All that stratum of subsoil that lies beneath 23.23 square metres, or thereabouts, of yard and premises (Unit D, The Sunbeam Centre), the upper extremity of which is 22.0 metres above Ordnance Survey Datum and the lower extremity of which is 4.7 metres above Ordnance Survey Datum.
09918	All that stratum of subsoil that lies beneath 25.40 square metres, or thereabouts, of warehouse and premises (Unit 1, 2 Cullen Way), the upper extremity of which is 22.0 metres above Ordnance Survey Datum and the lower extremity of which is 4.5 metres above Ordnance Survey Datum.
09919	All that stratum of subsoil that lies beneath 11.59 square metres, or thereabouts, of hardstanding (Unit D, The Sunbeam Centre), the upper extremity of which is 21.8 metres above Ordnance Survey Datum and the lower extremity of which is 4.6 metres above Ordnance Survey Datum.
09922	All that stratum of subsoil that lies beneath 61.86 square metres, or thereabouts, of offices and premises (Lower Park, North Acton), the upper extremity of which is 21.6 metres above Ordnance Survey Datum and the lower extremity of which is 3.8 metres above Ordnance Survey Datum.
09981	All that stratum of subsoil that lies beneath 3284.42 square metres, or thereabouts, of railway (Central Line), works and land, the upper extremity of which is 15.5 metres above Ordnance Survey Datum and the lower extremity of which is 0.6 metres below Ordnance Survey Datum.
09982	All that stratum of subsoil that lies beneath 2697.08 square metres, or thereabouts, of railway (Central Line), works and land, the upper extremity of which is 16.6 metres above Ordnance Survey Datum and the lower extremity of which is 0.7 metres above Ordnance Survey Datum.
09983	All that stratum of subsoil that lies beneath 1599.84 square metres, or thereabouts, of railway (Central Line), works and land, the upper extremity of which is 19.2 metres above Ordnance Survey Datum and the lower extremity of which is 2.5 metres above Ordnance Survey Datum.
30056	All that stratum of subsoil that lies beneath 402.41 square metres, or thereabouts, of public road and footway (Western Avenue), railway (Central Line), works and land, the upper extremity of which is 22.3 metres above Ordnance Survey Datum and the lower extremity of which is 0.1 metres above 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

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 land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) 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 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 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 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 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

3. The “vesting date” for any 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 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 10 December 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 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 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 ………………………………………………………………………..

S221_014

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.