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 20172017-02-232022-01-07TSO (The Stationery Office), customer.services@thegazette.co.uk396585263581

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

BUCKINGHAMSHIRE

(1) Plot No. (2) Description
65300 All interests in 89736.0 square metres, or thereabouts, of agricultural land, grassland, hedgerow, ponds, drains and public footpaths (SMA/5/1, SMA/5A/1 and SMA/5/2) (Risborough Road)
65301 All interests in 7726.5 square metres, or thereabouts, of public road, access splay and verge (Risborough Road North Lee)
65302 All interests in 10945.6 square metres, or thereabouts, of agricultural land (Risborough Road)
65312 All interests in 5691.9 square metres, or thereabouts, of agricultural land (Risborough Road)
65313 All interests in 68129.3 square metres, or thereabouts, of agricultural land and public footpaths (ELL/1/1, ELL/2/1 and ELL/8/1) (Marsh Lane)
65317 All interests in 2121.7 square metres, or thereabouts, of public road, verges and woodland (Risborough Road)
65318 All interests in 10209.7 square metres, or thereabouts, of access track, access splay and verges (Risborough Road)
65321 All interests in 1880.6 square metres, or thereabouts, of agricultural land and woodland (Marsh Lane)
65322 All interests in 4281.1 square metres, or thereabouts, of agricultural land, pylon and overhead electricity cables and public footpath (GLK/31/1) (Marsh Lane)
65323 All interests in 312.6 square metres, or thereabouts, of agricultural land (Risborough Road)
65325 All interests in 175.4 square metres, or thereabouts, of public road and verges (Old Risborough Road)
65326 All interests in 927.2 square metres, or thereabouts, of public road, verges, footway and woodland (Risborough Road)
65330 All interests in 1188.8 square metres, or thereabouts, of agricultural land and woodland (Old Risborough Road)
65333 All interests in 555.7 square metres, or thereabouts, of public road and verge (Old Risborough Road)
65339 All interests in 130.0 square metres, or thereabouts, of outbuilding, agricultural land and access track (Old Risborough Road)
65344 All interests in 5610.4 square metres, or thereabouts, of agricultural land and woodland (Marsh Lane)
65345 All interests in 2608.2 square metres, or thereabouts, of agricultural land (Marsh Lane)
65347 All interests in 7497.0 square metres, or thereabouts, of agricultural land and public footpath (SMA/9/1) (Marsh Lane)
65352 All interests in 28370.0 square metres, or thereabouts, of agricultural land, hedgerow and public footpaths (ELL/1/1 and SMA/9/1) (Marsh Lane)
65354 All interests in 359.8 square metres, or thereabouts, of woodland and public footpath (SMA/15A/2) (Brook Farm)
65355 All interests in 9841.4 square metres, or thereabouts, of agricultural land and public footpaths (GLK/31/1 and SBH/29/1) (Standalls Farm)
65356 All interests in 11416.1 square metres, or thereabouts, of agricultural land and public footpath (SMA/9/1) (Standalls Farm) 2 320
65357 All interests in 2668.9 square metres, or thereabouts, of public road, verges and woodland (Marsh Lane)
65358 All interests in 7441.3 square metres, or thereabouts, of agricultural land and public footpaths (SMA/9/1 and SMA/15A/2) (Marsh Lane)
65359 All interests in 11453.8 square metres, or thereabouts, of agricultural land (Marsh Lane)
65361 All interests in 1913.6 square metres, or thereabouts, of public road, verges and woodland (Marsh Lane)
65362 All interests in 88.7 square metres, or thereabouts, of river, bed and banks thereof (Stoke Brook) and bridge carrying public footpath (SMA/9/1) (Marsh Lane)
65365 All interests in 2535.7 square metres, or thereabouts, of agricultural land and public footpaths (SMA/9/2, SMA/10/1, SMA/15/1 and SMA/15A/1) (Marsh Lane)
65366 All interests in 90062.0 square metres, or thereabouts, of agricultural land, hedgerows, access track and public footpath (SMA/11/2) (Moat Farm)
65368 All interests in 154.4 square metres, or thereabouts, of public road and verge (Marsh Lane)
65370 All interests in 65979.8 square metres, or thereabouts, of agricultural land, hedgerow and public footpath (SMA/11/2) (Marsh Lane)
65372 All interests in 35737.7 square metres, or thereabouts, of railway, works and land (Little Kimble and Aylesbury Line) and river, bed and banks thereof (Stoke Brook) (Marsh Lane)
65373 All interests in 61847.4 square metres, or thereabouts, of agricultural land and public footpaths (SMA/11/1 and SMA/16/1) (Standalls Farm)
65375 All interests in 15523.8 square metres, or thereabouts, of agricultural land, river, bed and banks thereof (Stoke Brook) and public footpaths (SMA/16/1, SMA/16/2 and SBH/17A/1) (Standalls Farm)
65377 All interests in 30327.9 square metres, or thereabouts, of agricultural land, public bridleway (SBH/19/7), pylon and overhead electricity cables (Standalls Farm)
65378 All interests in 12479.8 square metres, or thereabouts, of agricultural land and public footpath (SMA/16/2) (Stoke Farm)
65385 All interests in 3477.7 square metres, or thereabouts, of agricultural land, public footpath (SBH/17A/1) and public bridleway (SBH/19/7) (Standalls Farm)
69342 All interests in 1330.9 square metres, or thereabouts, of railway, works and land (Princes Risborough and Aylesbury Line) (Marsh Lane)
71201 All interests in 220.3 square metres, or thereabouts, of river, bed and bank thereof (Stoke Brook)
71353 All interests in 20889.8 square metres, or thereabouts, of agricultural land, public footpaths (SMA/18/1 and SMA/16/3) and river, bed and banks thereof (Stoke Brook) (Lower Road)
71354 All interests in 1681.0 square metres, or thereabouts, of agricultural land and public footpath (SMA/16/3) (Lower Road)
71796 All interests in 1079.3 square metres, or thereabouts, of agricultural land and woodland (Marsh Lane)

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 freehold mines and minerals comprised in the Land authorised to be acquired by the Acquiring Authority pursuant to the High Speed Rail (London – West Midlands) Act 2017 (other than mines and minerals in respect of which notice to treat has been given), would be entitled to claim compensation in respect of any such mines and minerals, 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 07 January 2022

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 ………………………………………………………………………..

C213_069

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 buildi ng 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.