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 20172017-02-232021-12-03TSO (The Stationery Office), customer.services@thegazette.co.uk394296163547

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 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
04797	All that stratum of subsoil that lies beneath 21448.59 square metres, or thereabouts, of railway (Acton-Northolt Line), works, land, bridge carrying public footway above, outbuilding, mast, electricity substation, hardstanding, access and woodland, the upper extremity of which is 20.4 metres above Ordnance Survey Datum and the lower extremity of which is 5.5 metres below Ordnance Survey Datum.
04798	All that stratum of subsoil that lies beneath 79.34 square metres, or thereabouts, of car park, hardstanding and land (off Mandeville Road), the upper extremity of which is 21.0 metres above Ordnance Survey Datum and the lower extremity of which is 1.0 metres above Ordnance Survey Datum.
04799	All that stratum of subsoil that lies beneath 4203.38 square metres, or thereabouts, of woodland and hardstanding (off Mandeville Road), the upper extremity of which is 21.3 metres above Ordnance Survey Datum and the lower extremity of which is 0.9 metres above Ordnance Survey Datum.
04800	All that stratum of subsoil that lies beneath 48.54 square metres, or thereabouts, of land, hardstanding and access (off Mandeville Road), the upper extremity of which is 20.5 metres above Ordnance Survey Datum and the lower extremity of which is 0.9 metres above Ordnance Survey Datum.
04801	All that stratum of subsoil that lies beneath 9.19 square metres, or thereabouts, of public road and footway (Mandeville Road), the upper extremity of which is 20.4 metres above Ordnance Survey Datum and the lower extremity of which is 0.7 metres above Ordnance Survey Datum.
04802	All that stratum of subsoil that lies beneath 70.48 square metres, or thereabouts, of private accessway (south of Badminton Close), the upper extremity of which is 20.3 metres above Ordnance Survey Datum and the lower extremity of which is 0.6 metres above Ordnance Survey Datum.
04803	All that stratum of subsoil that lies beneath 25.96 square metres, or thereabouts, of gardens (217-221 (odd only) Carr Road), the upper extremity of which is 18.6 metres above Ordnance Survey Datum and the lower extremity of which is 1.1 metres below Ordnance Survey Datum.
04804	All that stratum of subsoil that lies beneath 145.84 square metres, or thereabouts, of gardens (209-211 (odd) Carr Road), the upper extremity of which is 18.5 metres above Ordnance Survey Datum and the lower extremity of which is 1.3 metres below Ordnance Survey Datum.
04805	All that stratum of subsoil that lies beneath 32.67 square metres, or thereabouts, of garden and outbuildings (215 Carr Road), the upper extremity of which is 18.5 metres above Ordnance Survey Datum and the lower extremity of which is 1.1 metres below Ordnance Survey Datum.
04806	All that stratum of subsoil that lies beneath 35.32 square metres, or thereabouts, of garden (213 Carr Road), the upper extremity of which is 18.5 metres above Ordnance Survey Datum and the lower extremity of which is 1.2 metres below Ordnance Survey Datum.
04807	All that stratum of subsoil that lies beneath 91.83 square metres, or thereabouts, of garden and outbuildings (197 Carr Road), the upper extremity of which is 18.1 metres above Ordnance Survey Datum and the lower extremity of which is 1.5 metres below Ordnance Survey Datum. 2 320
04808	All that stratum of subsoil that lies beneath 533.56 square metres, or thereabouts, of gardens (199-207 (odd) Carr Road), the upper extremity of which is 18.4 metres above Ordnance Survey Datum and the lower extremity of which is 1.5 metres below Ordnance Survey Datum.
04809	All that stratum of subsoil that lies beneath 83.72 square metres, or thereabouts, of garden (195 Carr Road), the upper extremity of which is 18.1 metres above Ordnance Survey Datum and the lower extremity of which is 1.6 metres below Ordnance Survey Datum.
04810	All that stratum of subsoil that lies beneath 113.00 square metres, or thereabouts, of garden (193 Carr Road), the upper extremity of which is 18.0 metres above Ordnance Survey Datum and the lower extremity of which is 1.6 metres below Ordnance Survey Datum.
04811	All that stratum of subsoil that lies beneath 88.40 square metres, or thereabouts, of garden (191 Carr Road), the upper extremity of which is 18.0 metres above Ordnance Survey Datum and the lower extremity of which is 1.7 metres below Ordnance Survey Datum.
04812	All that stratum of subsoil that lies beneath 127.73 square metres, or thereabouts, of gardens (187 and 189 Carr Road), the upper extremity of which is 17.9 metres above Ordnance Survey Datum and the lower extremity of which is 1.8 metres below Ordnance Survey Datum.
04813	All that stratum of subsoil that lies beneath 66.81 square metres, or thereabouts, of garden (185 Carr Road), the upper extremity of which is 17.8 metres above Ordnance Survey Datum and the lower extremity of which is 1.9 metres below Ordnance Survey Datum.
04814	All that stratum of subsoil that lies beneath 146.41 square metres, or thereabouts, of gardens (179 to 183 (odd only) Carr Road), the upper extremity of which is 17.7 metres above Ordnance Survey Datum and the lower extremity of which is 2.0 metres below Ordnance Survey Datum.
04815	All that stratum of subsoil that lies beneath 49.83 square metres, or thereabouts, of garden (177 Carr Road), the upper extremity of which is 17.6 metres above Ordnance Survey Datum and the lower extremity of which is 2.1 metres below Ordnance Survey Datum.
04816	All that stratum of subsoil that lies beneath 85.90 square metres, or thereabouts, of gardens (173 and 175 Carr Road), the upper extremity of which is 17.5 metres above Ordnance Survey Datum and the lower extremity of which is 2.2 metres below Ordnance Survey Datum.
04817	All that stratum of subsoil that lies beneath 30.10 square metres, or thereabouts, of garden (171 Carr Road), the upper extremity of which is 17.4 metres above Ordnance Survey Datum and the lower extremity of which is 2.3 metres below Ordnance Survey Datum.
04818	All that stratum of subsoil that lies beneath 37.24 square metres, or thereabouts, of garden (169 Carr Road), the upper extremity of which is 17.3 metres above Ordnance Survey Datum and the lower extremity of which is 2.3 metres below Ordnance Survey Datum.
04819	All that stratum of subsoil that lies beneath 155.75 square metres, or thereabouts, of gardens (161 to 167 (odd only) Carr Road), the upper extremity of which is 17.3 metres above Ordnance Survey Datum and the lower extremity of which is 2.7 metres below Ordnance Survey Datum.
04820	All that stratum of subsoil that lies beneath 123.51 square metres, or thereabouts, of garden, bin shelter, hardstanding and land (off Cherry Gardens), the upper extremity of which is 16.9 metres above Ordnance Survey Datum and the lower extremity of which is 3.1 metres below Ordnance Survey Datum.
04821	All that stratum of subsoil that lies beneath 17.92 square metres, or 3 320 thereabouts, of garden (23 Cherry Gardens), the upper extremity of which is 16.5 metres above Ordnance Survey Datum and the lower extremity of which is 3.2 metres below Ordnance Survey Datum.
04822	All that stratum of subsoil that lies beneath 18.25 square metres, or thereabouts, of garden (22 Cherry Gardens), the upper extremity of which is 16.5 metres above Ordnance Survey Datum and the lower extremity of which is 3.2 metres below Ordnance Survey Datum.
04823	All that stratum of subsoil that lies beneath 18.54 square metres, or thereabouts, of garden (20 Cherry Gardens), the upper extremity of which is 16.4 metres above Ordnance Survey Datum and the lower extremity of which is 3.3 metres below Ordnance Survey Datum.
04824	All that stratum of subsoil that lies beneath 18.55 square metres, or thereabouts, of garden (21 Cherry Gardens), the upper extremity of which is 16.4 metres above Ordnance Survey Datum and the lower extremity of which is 3.2 metres below Ordnance Survey Datum.
04825	All that stratum of subsoil that lies beneath 19.82 square metres, or thereabouts, of garden and outbuilding (16 Cherry Gardens), the upper extremity of which is 16.2 metres above Ordnance Survey Datum and the lower extremity of which is 3.5 metres below Ordnance Survey Datum.
04826	All that stratum of subsoil that lies beneath 20.69 square metres, or thereabouts, of garden (17 Cherry Gardens), the upper extremity of which is 16.2 metres above Ordnance Survey Datum and the lower extremity of which is 3.4 metres below Ordnance Survey Datum.
04827	All that stratum of subsoil that lies beneath 21.12 square metres, or thereabouts, of garden (18 Cherry Gardens), the upper extremity of which is 16.3 metres above Ordnance Survey Datum and the lower extremity of which is 3.4 metres below Ordnance Survey Datum.
04828	All that stratum of subsoil that lies beneath 21.76 square metres, or thereabouts, of garden (24 Cherry Gardens), the upper extremity of which is 16.6 metres above Ordnance Survey Datum and the lower extremity of which is 3.1 metres below Ordnance Survey Datum.
04829	All that stratum of subsoil that lies beneath 27.45 square metres, or thereabouts, of garden and outbuilding (19 Cherry Gardens), the upper extremity of which is 16.3 metres above Ordnance Survey Datum and the lower extremity of which is 3.3 metres below Ordnance Survey Datum.
04831	All that stratum of subsoil that lies beneath 581.84 square metres, or thereabouts, of canal and towpath (Grand Union Canal, Paddington Branch), bed and banks thereof, and the same below bridge carrying railway, (Acton– Northolt Line), works and land, the upper extremity of which is 14.6 metres above Ordnance Survey Datum and the lower extremity of which is 5.6 metres below Ordnance Survey Datum, excluding any interests held by Canal & River Trust.
04832	All that stratum of subsoil that lies beneath 380.85 square metres, or thereabouts, of land and woodland (off Cherry Gardens), the upper extremity of which is 16.1 metres above Ordnance Survey Datum and the lower extremity of which is 4.1 metres below Ordnance Survey Datum.
04833	All that stratum of subsoil that lies beneath 654.20 square metres, or thereabouts, of car park and hardstanding (off Mandeville Road), the upper extremity of which is 20.7 metres above Ordnance Survey Datum and the lower extremity of which is 0.9 metres above Ordnance Survey Datum.
04834	All that stratum of subsoil that lies beneath 634.65 square metres, or thereabouts, of bridge carrying public road and footways (Mandeville Road) above railway (Acton-Northolt Line), works and land, the upper extremity of which is 20.5 metres above Ordnance Survey Datum and the lower extremity 4 320 of which is 0.7 metres above Ordnance Survey Datum.
04835	All that stratum of subsoil that lies beneath 233.62 square metres, or thereabouts, of woodland, land, access and hardstanding (off Mandeville Road), the upper extremity of which is 20.5 metres above Ordnance Survey Datum and the lower extremity of which is 0.8 metres above Ordnance Survey Datum.
04836	All that stratum of subsoil that lies beneath 30.66 square metres, or thereabouts, of railway (Acton-Northolt Line), works and land, the upper extremity of which is 22.4 metres above Ordnance Survey Datum and the lower extremity of which is 2.6 metres above Ordnance Survey Datum.
04837	All that stratum of subsoil that lies beneath 182.82 square metres, or thereabouts, of public road, ramp carrying public road (Eastcote Lane) over land, 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.
04838	All that stratum of subsoil that lies beneath 8921.52 square metres, or thereabouts, of railway (Acton-Northolt Line), works, land, woodland and electricity substation (off Eastcote Lane), the upper extremity of which is 22.4 metres above Ordnance Survey Datum and the lower extremity of which is 1.0 metres above Ordnance Survey Datum.
04839	All that stratum of subsoil that lies beneath 67.65 square metres, or thereabouts, of railway (Acton-Northolt Line), works and land and bridge carrying public road (Eastcote Lane) over, 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.
04840	All that stratum of subsoul that lies beneath 96.65 square metres, or thereabouts, of railway (Acton-Northolt Line) works and land, the upper extremity of which is 20.6 metres above Ordnance Survey Datum and the lower extremity of which is 0.9 metres above Ordnance Survey Datum.
04841	All that stratum of subsoil that lies beneath 156.45 square metres, or thereabouts, of bridge carrying public road and footways (Mandeville Road) above railway (Acton-Northolt Line), works and land, the upper extremity of which is 20.5 metres above Ordnance Survey Datum and the lower extremity of which is 0.8 metres above Ordnance Survey Datum.
30369	All that stratum of subsoil that lies beneath 5978.61 square metres, or thereabouts, of railway works and land (Acton-Northolt Line), the upper extremity of which is 20.4 metres above Ordnance Survey Datum and the lower extremity of which is 5.5 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 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 03 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 ………………………………………………………………………..

S231_104

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.