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 SCHEDULE 1 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 Hillingdon
| Plot No (1) | Description (2) |
| 06064 | All that stratum of subsoil that lies beneath 2248.18 square metres, or thereabouts, of railway works (Chiltern Main Line) and land, the upper extremity of which is 28.4 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 metres above Ordnance Survey Datum. |
| 06065 | All that stratum of subsoil that lies beneath 52.80 square metres, or thereabouts, of car park, land and hardstanding (New Pond Parade), the upper extremity of which is 28.1 metres above Ordnance Survey Datum and the lower extremity of which is 9.8 metres above Ordnance Survey Datum. |
| 06066 | All that stratum of subsoil that lies beneath 1630.25 square metres, or thereabouts, of recreation ground (north of Ruislip Gardens Station), the upper extremity of which is 27.1 metres above Ordnance Survey Datum and the lower extremity of which is 9.4 metres above Ordnance Survey Datum. |
| 06067 | All that stratum of subsoil that lies beneath 4356.45 square metres, or thereabouts, of recreation ground, woodland and access (north west of Bridgwater Road), the upper extremity of which is 27.5 metres above Ordnance Survey Datum and the lower extremity of which is 8.4 metres above Ordnance Survey Datum. |
| 06069 | All that stratum of subsoil that lies beneath 353.31 square metres, or thereabouts, of public road, verge and footways (Bridgewater Road), the upper extremity of which is 28.0 metres above Ordnance Survey Datum and the lower extremity of which is 8.3 metres above Ordnance Survey Datum. |
| 06070 | All that stratum of subsoil that lies beneath 236.98 square metres, or thereabouts, of flats and premises (109 and 109a Bridgwater Road), the upper extremity of which is 28.0 metres above Ordnance Survey Datum and the lower extremity of which is 8.3 metres above Ordnance Survey Datum. |
| 06071 | All that stratum of subsoil that lies beneath 173.00 square metres, or thereabouts, of house, garden and rear access to premises (107 Bridgwater Road), the upper extremity of which is 28.0 metres above Ordnance Survey Datum and the lower extremity of which is 8.3 metres above Ordnance Survey Datum. |
| 06074 | All that stratum of subsoil that lies beneath 162.98 square metres, or thereabouts, of house, garden and rear access to premises (105 Bridgwater Road), the upper extremity of which is 28.0 metres above Ordnance Survey Datum and the lower extremity of which is 8.2 metres above Ordnance Survey Datum. |
| 06075 | All that stratum of subsoil that lies beneath 147.07 square metres, or thereabouts, of house, garden and rear access to premises (103 Bridgwater Road), the upper extremity of which is 27.9 metres above Ordnance Survey Datum and the lower extremity of which is 8.2 metres above Ordnance Survey Datum. |
| 06076 | All that stratum of subsoil that lies beneath 133.68 square metres, or thereabouts, of house, garden and rear access to premises (101 Bridgwater Road), the upper extremity of which is 27.9 metres above Ordnance Survey Datum and the lower extremity of which is 8.2 metres above Ordnance Survey Datum. |
| 06077 | All that stratum of subsoil that lies beneath 19.82 square metres, or thereabouts, of garden and rear access to premises (99 Bridgwater Road), the upper extremity of which is 27.9 metres above Ordnance Survey Datum and the lower extremity of which is 8.2 metres above Ordnance Survey Datum. |
| 06078 | All that stratum of subsoil that lies beneath 2361.82 square metres, or thereabouts, of warehouse and premises (Unit J Braintree Industrial Estate), the upper extremity of which is 27.9 metres above Ordnance Survey Datum and the lower extremity of which is 8.0 metres above Ordnance Survey Datum. |
| 06079 | All that stratum of subsoil that lies beneath 780.85 square metres, or thereabouts, of factory and premises (Unit H Braintree Industrial Estate), the upper extremity of which is 27.5 metres above Ordnance Survey Datum and the lower extremity of which is 7.8 metres above Ordnance Survey Datum. |
| 06080 | All that stratum of subsoil that lies beneath 986.76 square metres, or thereabouts, of car park, hardstanding, land and access (Braintree Industrial Estate), the upper extremity of which is 27.6 metres above Ordnance Survey Datum and the lower extremity of which is 7.8 metres above Ordnance Survey Datum. |
| 06081 | All that stratum of subsoil that lies beneath 9633.30 square metres, or thereabouts, of railway works, land, woodland (Chiltern Main line) and river (Yeading Brook), bed and banks thereof, the upper extremity of which is 26.8 metres above Ordnance Survey Datum and the lower extremity of which is 8.4 metres above Ordnance Survey Datum. |
| 06082 | All that stratum of subsoil that lies beneath 20.00 square metres, or thereabouts, of land and hardstanding (off Victoria Road), the upper extremity of which is 27.4 metres above Ordnance Survey Datum and the lower extremity of which is 7.8 metres above Ordnance Survey Datum. |
| 06086 | All that stratum of subsoil that lies beneath 144.46 square metres, or thereabouts, of land and hardstanding (off Victoria Road), the upper extremity of which is 27.3 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 metres above Ordnance Survey Datum. |
| 06087 | All that stratum of subsoil that lies beneath 1560.76 square metres, or thereabouts, of building, land and hardstanding (west of Long Drive), the upper extremity of which is 27.7 metres above Ordnance Survey Datum and the lower extremity of which is 7.8 metres above Ordnance Survey Datum. |
| 06088 | All that stratum of subsoil that lies beneath 1912.67 square metres, or thereabouts, of workshops and premises (Clifford Industrial Estate), the upper extremity of which is 27.6 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 metres above Ordnance Survey Datum. |
| 06089 | All that stratum of subsoil that lies beneath 1401.64 square metres, or thereabouts, of building, electricity substation, works and premises (west of Long Drive), the upper extremity of which is 27.8 metres above Ordnance Survey Datum and the lower extremity of which is 8.0 metres above Ordnance Survey Datum. |
| 06091 | All that stratum of subsoil that lies beneath 222.42 square metres, or thereabouts, of public road and footways (Long Drive), the upper extremity of which is 28.3 metres above Ordnance Survey Datum and the lower extremity of which is 8.8 metres above Ordnance Survey Datum. |
| 06092 | All that stratum of subsoil that lies beneath 84.70 square metres, or thereabouts, of land and access road to Clifford Industrial Estate (west of Long Drive), the upper extremity of which is 28.4 metres above Ordnance Survey Datum and the lower extremity of which is 8.7 metres above Ordnance Survey Datum. |
| 06093 | All that stratum of subsoil that lies beneath 200.40 square metres, or thereabouts, of land and premises (1 Long Drive), the upper extremity of which is 28.4 metres above Ordnance Survey Datum and the lower extremity of which is 8.8 metres above Ordnance Survey Datum. |
| 06094 | All that stratum of subsoil that lies beneath 188.92 square metres, or thereabouts, of hotel and premises (Ramada Hotel, Long Drive), the upper extremity of which is 28.4 metres above Ordnance Survey Datum and the lower extremity of which is 8.7 metres above Ordnance Survey Datum. |
| 06095 | All that stratum of subsoil that lies beneath 2913.48 square metres, or thereabouts, of warehouse and premises (The Crown Cash and Carry, Long Drive), the upper extremity of which is 28.4 metres above Ordnance Survey Datum and the lower extremity of which is 8.2 metres above Ordnance Survey Datum. |
| 06096 | All that stratum of subsoil that lies beneath 19.65 square metres, or thereabouts, of public road and footways (Long Drive) and bridge carrying railway (Chiltern Main Line) over, works and land, the upper extremity of which is 28.2 metres above Ordnance Survey Datum and the lower extremity of which is 8.8 metres above Ordnance Survey Datum. |
| 06097 | All that stratum of subsoil that lies beneath 18.01 square metres, or thereabouts, of bridge carrying railway (Chiltern Main line), works and land over public road, footway and central reservation (West End Road), the upper extremity of which is 27.3 metres above Ordnance Survey Datum and the lower extremity of which is 9.7 metres above Ordnance Survey Datum. |
| 06098 | All that stratum of subsoil that lies beneath 635.17 square metres, or thereabouts, of public road, footway and central reservation (West End Road), the upper extremity of which is 27.2 metres above Ordnance Survey Datum and the lower extremity of which is 9.7 metres above Ordnance Survey Datum. |
| 06100 | All that stratum of subsoil that lies beneath 20.95 square metres, or thereabouts, of bridge carrying railway (Chiltern Main line), works and land over public road, footways and central reservation (Bridgewater Road), the upper extremity of which is 28.0 metres above Ordnance Survey Datum and the lower extremity of which is 8.4 metres above Ordnance Survey Datum. |
| 06101 | All that stratum of subsoil that lies beneath 194.11 square metres, or thereabouts, of public road, verge and footway (Bridgewater Road), the upper extremity of which is 28.0 metres above Ordnance Survey Datum and the lower extremity of which is 8.4 metres above Ordnance Survey Datum. |
| 06102 | All that stratum of subsoil that lies beneath 284.51 square metres, or thereabouts, of land and hardstanding (west of Long Drive), the upper extremity of which is 27.4 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 metres above Ordnance Survey Datum. |
| 06103 | All that stratum of subsoil that lies beneath 577.20 square metres, or thereabouts, of land and hardstanding (west of Long Drive), the upper extremity of which is 27.4 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 metres above Ordnance Survey Datum. |
| 30274 | All that stratum of subsoil that lies beneath 1078.06 square metres, or thereabouts, of railway works (Chiltern Main Line) and land, the upper extremity of which is 28.4 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 metres above Ordnance Survey Datum. |
| 30275 | All that stratum of subsoil that lies beneath 4453.60 square metres, or thereabouts, of land, workshop and premises (Clifford Industrial Estate) and railway works (Chiltern Main Line) and land, the upper extremity of which is 28.4 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 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
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 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 21 October 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 ………………………………………………………………………..
S231_107
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).
1 Phase 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.
3 As 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.