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 20172017-02-232021-11-09TSO (The Stationery Office), customer.services@thegazette.co.uk392441263524

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 EALING

(1) Plot No	(2) Description
05072	All that stratum of subsoil that lies beneath 508.23 square metres, or thereabouts, of hardstanding, electricity substation, access and land (off Rockware Avenue), the upper extremity of which is 5.2 metres above Ordnance Survey Datum and the lower extremity of which is 14.7 metres below Ordnance Survey Datum.
05073	All that stratum of subsoil that lies beneath 104.98 square metres, or thereabouts, of land, hardstanding and access (off Rockware Avenue), the upper extremity of which is 5.1 metres above Ordnance Survey Datum and the lower extremity of which is 14.7 metres below Ordnance Survey Datum.
05075	All that stratum of subsoil that lies beneath 4256.19 square metres, or thereabouts, of private road, verge, footway, hardstanding, land and access (Rockware Avenue), the upper extremity of which is 5.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.1 metres below Ordnance Survey Datum, excluding any interests held by the Secretary of State for Transport.
05076	All that stratum of subsoil that lies beneath 4078.01 square metres, or thereabouts, of premises, car park, hardstanding and land (Royal Mail Sorting Office), the upper extremity of which is 5.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.1 metres below Ordnance Survey Datum.
05077	All that stratum of subsoil that lies beneath 2472.47 square metres, or thereabouts, of woodland (Perivale Wood Nature Reserve), the upper extremity of which is 6.7 metres above Ordnance Survey Datum and the lower extremity of which is 14.4 metres below Ordnance Survey Datum.
05078	All that stratum of subsoil that lies beneath 65.87 square metres, or thereabouts, of garden (133 Horsenden Lane South), the upper extremity of which is 8.2 metres above Ordnance Survey Datum and the lower extremity of which is 11.6 metres below Ordnance Survey Datum.
05079	All that stratum of subsoil that lies beneath 854.89 square metres, or thereabouts, of flats (1 to 8, Ealing Park Lodge), garden, access, car park and hardstanding (Horsenden Lane South), the upper extremity of which is 8.2 metres above Ordnance Survey Datum and the lower extremity of which is 11.6 metres below Ordnance Survey Datum.
05080	All that stratum of subsoil that lies beneath 1228.40 square metres, or thereabouts, of building (Third Perivale Scout Group Hall), hardstanding, access, outbuilding and land (off Horsenden Lane South), the upper extremity of which is 8.0 metres above Ordnance Survey Datum and the lower extremity of which is 11.9 metres below Ordnance Survey Datum.
05081	All that stratum of subsoil that lies beneath 63.40 square metres, or thereabouts, of garden (65 Selborne Gardens), the upper extremity of which is 6.8 metres above Ordnance Survey Datum and the lower extremity of which is 12.8 metres below Ordnance Survey Datum.
05082	All that stratum of subsoil that lies beneath 139.42 square metres, or thereabouts, of garden and woodland (67 Selborne Gardens), the upper extremity of which is 6.8 metres above Ordnance Survey Datum and the lower extremity of which is 12.9 metres below Ordnance Survey Datum.
05083	All that stratum of subsoil that lies beneath 108.01 square metres, or thereabouts, of garden (63 Selborne Gardens), the upper extremity of which is 7.0 metres above Ordnance Survey Datum and the lower extremity of which is 12.7 metres below Ordnance Survey Datum.
05084	All that stratum of subsoil that lies beneath 59.47 square metres, or thereabouts, of garden (65 Selborne Gardens), the upper extremity of which is 6.8 metres above Ordnance Survey Datum and the lower extremity of which is 12.8 metres below Ordnance Survey Datum.
05085	All that stratum of subsoil that lies beneath 21.98 square metres, or thereabouts, of garden (59 Selborne Gardens), the upper extremity of which is 7.0 metres above Ordnance Survey Datum and the lower extremity of which is 12.6 metres below Ordnance Survey Datum.
05086	All that stratum of subsoil that lies beneath 22.05 square metres, or thereabouts, of garden (61 Selborne Gardens), the upper extremity of which is 7.0 metres above Ordnance Survey Datum and the lower extremity of which is 12.6 metres below Ordnance Survey Datum.
05087	All that stratum of subsoil that lies beneath 22.85 square metres, or thereabouts, of garden (53 Selborne Gardens), the upper extremity of which is 7.1 metres above Ordnance Survey Datum and the lower extremity of which is 12.5 metres below Ordnance Survey Datum.
05088	All that stratum of subsoil that lies beneath 29.11 square metres, or thereabouts, of garden (55 Selborne Gardens), the upper extremity of which is 7.1 metres above Ordnance Survey Datum and the lower extremity of which is 12.6 metres below Ordnance Survey Datum.
05089	All that stratum of subsoil that lies beneath 38.88 square metres, or thereabouts, of garden and access (57 Selborne Gardens), the upper extremity of which is 7.0 metres above Ordnance Survey Datum and the lower extremity of which is 12.6 metres below Ordnance Survey Datum.
05090	All that stratum of subsoil that lies beneath 48.72 square metres, or thereabouts, of garden (65a Selborne Gardens), the upper extremity of which is 6.9 metres above Ordnance Survey Datum and the lower extremity of which is 12.8 metres below Ordnance Survey Datum.
05093	All that stratum of subsoil that lies beneath 60.64 square metres, or thereabouts, of garden and outbuilding (63 Selborne Gardens), the upper extremity of which is 7.0 metres above Ordnance Survey Datum and the lower extremity of which is 12.7 metres below Ordnance Survey Datum.
05094	All that stratum of subsoil that lies beneath 15.35 square metres, or thereabouts, of land and accessway to the rear of property (13 Selborne Gardens), the upper extremity of which is 7.8 metres above Ordnance Survey Datum and the lower extremity of which is 11.9 metres below Ordnance Survey Datum.
05095	All that stratum of subsoil that lies beneath 16.81 square metres, or thereabouts, of land and accessway to the rear of property (21 Selborne Gardens), the upper extremity of which is 7.6 metres above Ordnance Survey Datum and the lower extremity of which is 12.0 metres below Ordnance Survey Datum.
05096	All that stratum of subsoil that lies beneath 16.88 square metres, or thereabouts, of land and accessway to the rear of property (19 Selborne Gardens), the upper extremity of which is 7.7 metres above Ordnance Survey Datum and the lower extremity of which is 12.0 metres below Ordnance Survey Datum.
05097	All that stratum of subsoil that lies beneath 17.43 square metres, or thereabouts, of land and accessway to the rear of property (27 Selborne Gardens), the upper extremity of which is 7.5 metres above Ordnance Survey Datum and the lower extremity of which is 12.1 metres below Ordnance Survey Datum.
05098	All that stratum of subsoil that lies beneath 18.23 square metres, or thereabouts, of land and accessway to the rear of property (29 Selborne Gardens), the upper extremity of which is 7.5 metres above Ordnance Survey Datum and the lower extremity of which is 12.1 metres below Ordnance Survey Datum.
05099	All that stratum of subsoil that lies beneath 19.20 square metres, or thereabouts, of land and accessway to the rear of property (15 Selborne Gardens), the upper extremity of which is 7.7 metres above Ordnance Survey Datum and the lower extremity of which is 11.9 metres below Ordnance Survey Datum.
05100	All that stratum of subsoil that lies beneath 19.84 square metres, or thereabouts, of land and accessway to the rear of property (37 Selborne Gardens), the upper extremity of which is 7.4 metres above Ordnance Survey Datum and the lower extremity of which is 12.3 metres below Ordnance Survey Datum.
05101	All that stratum of subsoil that lies beneath 19.87 square metres, or thereabouts, of land and accessway to the rear of property (35 Selborne Gardens), the upper extremity of which is 7.4 metres above Ordnance Survey Datum and the lower extremity of which is 12.2 metres below Ordnance Survey Datum.
05102	All that stratum of subsoil that lies beneath 19.92 square metres, or thereabouts, of garden, land and outbuilding (17 Selborne Gardens), the upper extremity of which is 7.7 metres above Ordnance Survey Datum and the lower extremity of which is 11.9 metres below Ordnance Survey Datum.
05103	All that stratum of subsoil that lies beneath 20.33 square metres, or thereabouts, of land and accessway to the rear of property (23 Selborne Gardens), the upper extremity of which is 7.6 metres above Ordnance Survey Datum and the lower extremity of which is 12.0 metres below Ordnance Survey Datum.
05104	All that stratum of subsoil that lies beneath 21.14 square metres, or thereabouts, of garden, outbuilding, land and accessway to the rear of property (43 Selborne Gardens), the upper extremity of which is 7.3 metres above Ordnance Survey Datum and the lower extremity of which is 12.4 metres below Ordnance Survey Datum.
05105	All that stratum of subsoil that lies beneath 21.60 square metres, or thereabouts, of land and accessway to the rear of property (25 Selborne Gardens), the upper extremity of which is 7.6 metres above Ordnance Survey Datum and the lower extremity of which is 12.1 metres below Ordnance Survey Datum.
05106	All that stratum of subsoil that lies beneath 21.68 square metres, or thereabouts, of garden, outbuilding, land and accessway to the rear of property (51 Selborne Gardens), the upper extremity of which is 7.1 metres above Ordnance Survey Datum and the lower extremity of which is 12.5 metres below Ordnance Survey Datum.
05107	All that stratum of subsoil that lies beneath 22.60 square metres, or thereabouts, of land and accessway to the rear of property (41 Selborne Gardens), the upper extremity of which is 7.3 metres above Ordnance Survey Datum and the lower extremity of which is 12.3 metres below Ordnance Survey Datum.
05108	All that stratum of subsoil that lies beneath 23.38 square metres, or thereabouts, of garden, outbuilding, land and accessway to the rear of property (45 Selborne Gardens), the upper extremity of which is 7.2 metres above Ordnance Survey Datum and the lower extremity of which is 12.4 metres below Ordnance Survey Datum.
05109	All that stratum of subsoil that lies beneath 23.53 square metres, or thereabouts, of land and accessway to the rear of property (39 Selborne Gardens), the upper extremity of which is 7.3 metres above Ordnance Survey Datum and the lower extremity of which is 12.3 metres below Ordnance Survey Datum.
05110	All that stratum of subsoil that lies beneath 23.61 square metres, or thereabouts, of garden, outbuilding, land and accessway to the rear of property (47 Selborne Gardens), the upper extremity of which is 7.2 metres above Ordnance Survey Datum and the lower extremity of which is 12.4 metres below Ordnance Survey Datum.
05111	All that stratum of subsoil that lies beneath 25.59 square metres, or thereabouts, of land and accessway to the rear of property (31 Selborne Gardens), the upper extremity of which is 7.5 metres above Ordnance Survey Datum and the lower extremity of which is 12.2 metres below Ordnance Survey Datum.
05112	All that stratum of subsoil that lies beneath 26.32 square metres, or thereabouts, of garden, land and accessway to the rear of property (49 Selborne Gardens), the upper extremity of which is 7.2 metres above Ordnance Survey Datum and the lower extremity of which is 12.5 metres below Ordnance Survey Datum.
05113	All that stratum of subsoil that lies beneath 26.76 square metres, or thereabouts, of land and accessway to the rear of property (33 Selborne Gardens), the upper extremity of which is 7.4 metres above Ordnance Survey Datum and the lower extremity of which is 12.2 metres below Ordnance Survey Datum.
05114	All that stratum of subsoil that lies beneath 6.21 square metres, or thereabouts, of land and hardstanding to the rear of property (133 Horsenden Lane South), the upper extremity of which is 8.0 metres above Ordnance Survey Datum and the lower extremity of which is 11.6 metres below Ordnance Survey Datum.
05115	All that stratum of subsoil that lies beneath 13.25 square metres, or thereabouts, of land and hardstanding to the rear of property (133 Horsenden Lane South), the upper extremity of which is 8.0 metres above Ordnance Survey Datum and the lower extremity of which is 11.6 metres below Ordnance Survey Datum.
05116	All that stratum of subsoil that lies beneath 13.46 square metres, or thereabouts, of land and accessway to the rear of property (5 Selborne Gardens), the upper extremity of which is 7.9 metres above Ordnance Survey Datum and the lower extremity of which is 11.7 metres below Ordnance Survey Datum.
05117	All that stratum of subsoil that lies beneath 13.84 square metres, or thereabouts, of land and accessway to the rear of property (3 Selborne Gardens), the upper extremity of which is 7.9 metres above Ordnance Survey Datum and the lower extremity of which is 11.7 metres below Ordnance Survey Datum.
05118	All that stratum of subsoil that lies beneath 14.40 square metres, or thereabouts, of land and accessway to the rear of property (11 Selborne Gardens), the upper extremity of which is 7.8 metres above Ordnance Survey Datum and the lower extremity of which is 11.8 metres below Ordnance Survey Datum.
05119	All that stratum of subsoil that lies beneath 16.01 square metres, or thereabouts, of land and accessway to the rear of property (1 Selborne Gardens), the upper extremity of which is 8.0 metres above Ordnance Survey Datum and the lower extremity of which is 11.7 metres below Ordnance Survey Datum.
05120	All that stratum of subsoil that lies beneath 17.90 square metres, or thereabouts, of land and accessway to the rear of property (7 Selborne Gardens), the upper extremity of which is 7.9 metres above Ordnance Survey Datum and the lower extremity of which is 11.8 metres below Ordnance Survey Datum.
05121	All that stratum of subsoil that lies beneath 17.92 square metres, or thereabouts, of land and accessway to the rear of property (9 Selborne Gardens), the upper extremity of which is 7.8 metres above Ordnance Survey Datum and the lower extremity of which is 11.8 metres below Ordnance Survey Datum.
05122	All that stratum of subsoil that lies beneath 275.66 square metres, or thereabouts, of public road and footway (Horsenden Lane South), the upper extremity of which is 8.3 metres above Ordnance Survey Datum and the lower extremity of which is 11.4 metres below Ordnance Survey Datum.
05127	All that stratum of subsoil that lies beneath 107.77 square metres, or thereabouts, of bridge carrying railway (Acton-Northolt line and Greenford Branch line), works and land over public road and footway (Greenford Road, A4127), the upper extremity of which is 6.0 metres above Ordnance Survey Datum and the lower extremity of which is 13.6 metres below Ordnance Survey Datum.
05128	All that stratum of subsoil that lies beneath 215.86 square metres, or thereabouts, of public road and footway (Greenford Road, A4127), the upper extremity of which is 6.0 metres above Ordnance Survey Datum and the lower extremity of which is 13.6 metres below Ordnance Survey Datum.
05129	All that stratum of subsoil that lies beneath 803.57 square metres, or thereabouts, of building (Peter Chennells Hall), hardstanding land and accessway (off Rockware Avenue), the upper extremity of which is 5.9 metres above Ordnance Survey Datum and the lower extremity of which is 13.8 metres below Ordnance Survey Datum.
05130	All that stratum of subsoil that lies beneath 29112.84 square metres, or thereabouts, of private road (Lyon Way), bridge carrying private road (Lyon Way) over railway (Acton-Northolt line), hardstanding, accessway, works and land, the upper extremity of which is 8.3 metres above Ordnance Survey Datum and the lower extremity of which is 15.2 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 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 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 09 November 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_109

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.