Highways

ACQUISITION OF LAND ACT 19811998-02-041998-04-031998-02-121998-01-221998-02-19B151BLHIGHWAYS ACT 1980-1.91791952.474096B15 1BLThe City of BirminghamTSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk55048846846
THE HIGHWAYS ACT 1980
ACQUISITION OF LAND ACT 1981
The Birmingham Northern Relief Road (Wishaw Holly Lane to Curdworth Section) Compulsory Purchase Order (No. PS 5) 1998

Notice is hereby given that the Secretary of State for the Environment, Transport and the Regions in exercise of the powers conferred on him by the above-mentioned Acts, on 22nd January 1998, made a compulsory purchase order, entitled as above.   The Order as made provides for the purchase of the land and rights described in the Schedule hereto for the purpose of:   (i) the construction of a new special road between Wishaw Holly Lane and Curdworth in the Borough of North Warwickshire in the county of Warwickshire, in pursuance of the “Birmingham Northern Relief Road and Connecting Roads Scheme 1998” and “The M42 Motorway (Dunton Diversion) Scheme 1998”;   (ii) the construction and improvement of highways and the provision of new means of access to premises in the Parishes of Middleton, Wishaw, Curdworth and Water Orton in the Borough of North Warwickshire in pursuance of “The Birmingham Northern Relief Road (Wishaw Holly Lane to Curdworth Section) Side Roads Order 1998”;   (iii) the diversion of a navigable watercourse in the Parish of Curdworth in the Borough of North Warwickshire in the county of Warwickshire;   (iv) the improvement of the A446 Trunk Road at The Belfry and at Dunton in the Borough of North Warwickshire in the county of Warwickshire;   (v) the diversion of watercourses and the execution of other works on watercourses in connection with the construction of special roads, the construction and improvement of other highways and the execution of other works mentioned above;   (vi) use by the Secretary of State in connection with such construction and improvement of highways and the execution of other works mentioned above;   (vii) mitigation of adverse effects which the existence or use of certain of the highways proposed to be constructed or improved by him as mentioned above will have on the surroundings thereof.   Copies of the Order as made by the Secretary of State and of the plan referred to therein, together with copies of the above-mentioned Special Road Scheme and Side Roads Orders (all with their accompanying plans), have been deposited and may be seen at all reasonable hours from 12th February 1998 to 3rd April 1998 at the Highways Agency Project Services, Room 12/27 St. Christopher House, Southwark Street, London SE1 0TE; at the offices of the Highways Agency, Broadway, Broad Street, Birmingham B15 1BL; and at Birmingham City Council; Council House, Victoria Square, Birmingham; Cannock Chase District Council, The Council House, Beecroft Road, Cannock, Staffordshire; Lichfield District Council, Council Offices, Frog Lane, Lichfield, Staffordshire; Walsall Metropolitan Borough Council, Civic Centre, Darwall Street, Walsall, West Midlands; North Warwickshire Borough Council, Council House, South Street, Atherstone, Warwickshire; South Staffordshire District Council, Council Offices, Wolverhampton Road, Codsall, Wolverhampton, West Midlands; Norton Canes Library, Burntwood Road, Norton Canes, Cannock; Shenstone Library, Main Street, Shenstone, Walsall; Burntwood and Chase Terrace Library, Sankeys Corner, Burntwood, Lichfield; Cheslyn Hay Library, High Street, Cheslyn Hay, Walsall; Water Orton Library, Mickle Meadow, Coleshill Road, Water Orton, Birmingham; Brownhills Library, Brickiln Street, Brownhills, Walsall; Coleshill Library, 141 High Street, Coleshill, Birmingham; Sutton Coldfield Library, Lower Parade, Sutton Coldfield and Reddicap Heath Post Office, 53 Reddicap Heath Road, Sutton Coldfield.   The Order as made becomes operative on the date on which this notice is first published: but a person aggrieved by the Order may, by application to the High Court within 6 weeks from the operative date, question its validity on the grounds—   (i) that the authorisation granted by the Order is not empowered to be granted, or   (ii) that his interests have been substantially prejudiced by failure to comply with any statutory requirement relating to the Order. G. P. Rainbow, Highways Agency

Schedule

Note.   (a) The land comprised in each item in this Schedule is identified on the plan referred to in the compulsory purchase order by means of the numbers shown in brackets against that item in this Schedule.   (b) References to ownership are references to ownership or reputed ownership at the time of the preparation of the compulsory purchase order and are stated only for the purpose of identification of the land.

Schedule

Land within the Parishes of Middleton, Wishaw, Curdworth or Water Orton in Borough of North Warwickshire in the County of Warwickshire.   Arable land, half width of Wishaw Holly Lane (C10), all south of Allen End; arable land forming part of Grounds Farm south of the A446 Lichfield Road at Allen End; arable land and part of Public Footpath M1 (Wishaw), all forming part of Grounds Farm south of the A446 Lichfield Road south of Allen End; woodland and half the width of Wishaw Holly Lane (C10), all south of Allen End; woodland south of Allen End; woodland and part of path, all forming part of the grounds of the Moxhull Hall Hotel south of Allen End; pasture land and pond, all south of the A446 Lichfield Road at Allen End; pasture land south of the A446 Lichfield Road at Allen End (owned by Hatherton Investments Limited) (51/34, 51/34a, 51/34b, 51/34c, 51/34d, 51/34e, 51/34f, 51/34g, 51/34h, 51/34j, 51/201, 51/201a, 51/201b, 51/201c, 51/201d, 51/202, 51/202a, 51/202b).   Highway land forming half width of Grove Lane (D373) north-east of Grove End (owner unknown) (51/203).   Arable land, pasture land, the whole of the property known as Shepherds Cottage, its outbuildings and well, parking area and part of access track, all north-east of Grove End (owned by H. M. Lowe) (51/500, 51/500a, 51/500b).   Arable land, parts of Public Footpath M12 (Wishaw), half width of Ryefield Lane (D378), and half width of Dunton Lane (D377), all forming part of Rye Farm east of Wishaw; arable land, pasture land and parts of Ryefield Lane (D378), all forming part of Rye Farm east of Wishaw; arable land, part of Public Footpath M12 (Wishaw) and half width of Dunton Lane (D377), all west of the A446 Lichfield Road south-east of Wishaw; arable land west of the A446 Lichfield Road north-east of Curdworth; arable land north of the Birmingham and Fazeley Canal north-east of Curdworth (owned by E. J. Watts, A. J. Watts and M. J. Watts, all trading as John Watts Farms) (52/68, 52/68a, 52/68b, 52/68c, 52/68d, 52/68e, 52/68f, 53/68, 53/68a, 53/68b, 53/68c, 53/68d, 53/68e).   Part of garden to property known as No. 2 Noel Cottages and half width of Grove Lane (D373), all west of the A446 Lichfield Road north-east of Grove End (owned by H. E. Mitchell) (52/125).   Grassland, part of access to Grange Farm House and part of Public Footpath M6 (Wishaw), all east of the junction of the A446 Lichfield Road and the A4091 Tamworth Road at Belfry Island (owned by K. Wilkes and Mrs Wilkes) (52/206).   Highway land forming half width of Ryefield Lane (D378) at Wishaw (owned by M. J. O’Connor) (52/241).   Pasture land and stable buildings south of the A446 Lichfield Road north of Wishaw (owned by R. Brosch) (52/267, 52/267a).   The house and grounds known as Lock Cottage south of the Birmingham and Fazeley Canal north-east of Curdworth, the right to construct and maintain a bridge carrying the special road over the canal in part of the Birmingham and Fazeley Canal and towpath north-east of Curdworth, part of the Birmingham and Fazeley Canal and towpath north-east of Curdworth (owned by British Waterways Midlands Regional Office) (53/209, 53/209a, 53/209b, 53/209c).   Arable land west of Dunton Island on the M42 Motorway north-east of Curdworth (owned by W. Freeman & Sons Limited) (53/210).   Arable land and uncultivated land, all south-west of Dunton Island on the M42 Motorway north-east of Curdworth, arable land and uncultivated land, all west of the M42 Motorway east of Curdworth, arable land and uncultivated land, all east of the M42 Motorway east of Curdworth (owned by Hales Properties Group Limited) (53/201a, 53/201b, 53/201c, 53/201d).   Arable land and uncultivated land, all west of Dunton Island on the M42 Motorway north-east of Curdworth; arable land and uncultivated land, all south-west of Dunton Island on the M42 Motorway north-east of Curdworth (owned by W. E. G. Cooper, Mrs A. M. Cooper, Mrs P. M. Issac and Mrs J. M. Wilkes, all trading as A. M. Cooper & Sons) (53/211, 53/211a, 53/211b).   Uncultivated land west of the A446 Lichfield Road north-east of Curdworth (owned by Texaco Limited) (53/125).   Pasture land forming part of Hall Farm, west of the M42 Motorway east of Curdworth (owned by D. W. Breeden and Mrs Breeden) (53/233).   Part of yard and lorry parking area forming part of the property known as Dunton Wharf west of the A446 Lichfield Road north-east of Curdworth (owned by W. Freeman & Sons Limited) (53/239).   The right to construct and maintain a bridge carrying the special road over part of the banks and bed of the effluent channel east of the Water Treatment Works, all south-east of Curdworth; part of the effluent channel east of the Water Treatment Works south-east of Curdworth; pasture land west of the M42 Motorway east of Curdworth; pasture land west of the M42 Motorway south-east of Curdworth (owned by Severn Trent Water Limited) (54/31, 54/31a, 54/31b, 54/214, 54/214a, 54/214b).   Arable land east of the M42 Motorway south-east of Curdworth; arable land west of the M42 Motorway south-east of Curdworth (owned by Kenwick Holdings Limited) (54/216, 54/216a).   Pasture land and part of watercourse, all east of the M42 Motorway south-east of Curdworth (owned by R. V. McKenna and Mrs McKenna) (54/217, 54/217a).   All interests (other than the interests of the Crown) in arable land, pasture land and part of the Wishaw Inclosure Award Bridleway (Warwickshire), part of farmyard, and parts of agricultural buildings, and part of the grounds of Wishaw Hall farmhouse, all forming part of Wishaw Hall Farm north-east of Grove End; arable land forming part of Wishaw Hall Farm north of Grove End; arable land and half width of Grove Lane (D373) north-east of Grove End; highway land forming half width of Grove Lane (D373) west of the A446 Lichfield Road (T); arable land, pasture land, the farm house, outbuildings and part of the grounds of Wishaw Hall Farm, parts of other agricultural buildings and parts of Grove Lane (D373), all forming part of Wishaw Hall Farm north-east of Grove End; garden land and half width of Grove Lane (D373), all west of the A446 Lichfield Road (T) north-east of Grove End; arable land, pasture land, pond, outbuildings, half width of Grove Lane (D373), half width of Ryefield Lane (D378) parts of Public Footpath M4 (Wishaw), part of Public Footpath M5 (Wishaw), part of farm track, part of The Gravel (D375) and part of watercourse, all forming part of Wishaw Hall Farm north of Wishaw; pasture land, arable land and half width of Grove Lane (D373), all forming part of Wishaw Hall Farm north-east of Grove End; highway land forming half width of Ryefield Lane (D378) at Wishaw; arable land and part of Public Footpath M12 (Wishaw), all south-west of the A446 Lichfield Road (T) at Belfry Island; arable land west of the A446 Lichfield Road (T) east of Wishaw; part of garden to property known as Woodbine Cottage west of the A446 Lichfield Road (T) north-east of Grove End; access track, wasteland and property known as Milners Cottage all south of the Birmingham and Fazeley Canal north-east of Curdworth; uncultivated land, the stopped up part of Coleshill Road east of the M42 Motorway, part of river bank and half bed of River Tame, all south-east of Curdworth; uncultivated land and half width of Coleshill Road, all west of the M42 Motorway south-east of Curdworth; wasteland forming part of the north bank of the River Tame, east of the M42 Motorway south-east of Curdworth; uncultivated land and part of Public Footpath M36 (Water Orton), part of river bank and half bed of River Tame, all east of the M42 Motorway north-east of Water Orton; the right as against all persons interested in the land hereinafter described (other than the interest of the Crown) to construct and maintain an access road from the A446 Lichfield Road (T) to motorway drainage outfall in uncultivated land east of the M42 Motorway north-east of Water Orton (owned by the Secretary of State for the Environment, Transport and the Regions) (51/204, 51/204a, 51/204b, 51/204c, 51/204d, 51/204e, 51/204f, 51/204g, 51/204h, 51/246, 52/204, 52/204a, 52/204b, 52/204c, 52/204d, 52/204e, 52/204f, 52/204g, 52/204h, 52/204j, 52/204k, 52/205, 52/205a, 52/205b, 52/205c, 52/246, 53/89, 54/89, 54/89a, 54/89b, 54/89c, 54/89d, 54/89e, 54/89f). 4th February 1998.