Highways
Essex County Council
HIGHWAYS ACT 1980 AND ACQUISITION OF LAND ACT 1981
THE ESSEX COUNTY COUNCIL (ST. JOHN’S SCHOOL CONSTRUCTION OF NEW ACCESS, LOWER BURY LANE AND BURY LANE EPPING)
COMPULSORY PURCHASE ORDER 2010
- 1 The Essex County Council, made on the Twentieth day of April Two Thousand and Ten
The Essex County Council (St. John’s School Construction of New Access, Lower Bury
Lane and Bury Lane Epping) Compulsory Purchase Order 2010 under sections 239 of the
Highways Act 1980. It is about to submit this order to the Secretary of State for
Transport for confirmation, and if confirmed the order will authorise Essex County
Council to purchase compulsorily land described below for the purposes of :-
- i the improvement of the existing highways to provide for the construction of a vehicular access point for the proposed new Epping St John’s Secondary School at the junction of Lower Bury Lane and Bury Lane
- ii the provision of an improved sight splay at the said junction
- iii the improvement of Lower Bury Lane ; and
- iv the giving of land in exchange for land being acquired which is part of a Common
All at Epping in the District of Epping Forest in the County of Essex
- 2 (i) The land authorised to be purchased compulsorily under this Order is the land described in Schedule 1 and delineated and shown coloured pink on the map prepared in duplicate, sealed with the common seal of the acquiring authority and marked “Map referred to in The Essex County Council (St. John’s School Construction of New Access, Lower Bury Lane and Bury Lane Epping) Compulsory Purchase Order 2010”;
(ii) the land to be purchased compulsorily as land in exchange for Common land is described in Schedule 2 and the land is shown coloured green on the said map.
- 3 (i) In this paragraph “the order land” means the land numbered 1, 2, 3 and 4 described in Schedule 1 and “the exchange land” means the land described in Schedule 2.
(ii) In relation to each plot of the order land and the corresponding plot of the exchange land as from the latest of the dates mentioned in sub-paragraph (iii) of this paragraph, the corresponding plot of the exchange land shall vest in the persons in whom the plot of the order land was vested immediately before it was vested in the acquiring authority, subject to the like rights, trusts and incidents as attached to that plot of the order land, and that plot of the order land shall thereupon be discharged from all rights, trusts and incidents to which it was previously subject
(iii) The dates referred to in sub-paragraph (ii) of this paragraph are:
(1) the date on which this order becomes operative;
(2) the date on which the plot of the order land is vested in the acquiring authority:
(3) the date on which the corresponding plot of the exchange land is vested in the acquiring authority
A copy of the order and of the map referred to therein have been deposited and may be inspected free of charge at all reasonable hours from the 22 nd April 2010 to the 3 rd June 2010 at Essex County Council, Council Offices, Chelmsford Library, Ground Floor, County Hall, Chelmsford, Essex CM1 1LH and at Epping Forest District Council, Council Offices, High Street Epping Essex CM16 4BZ and at Epping Library, St John’s Road, Epping Essex CM16 5DN.
- 4 If no relevant objection as defined in section 13(6) of the Acquisition of Land Act 1981 is made, or if all such objections made are withdrawn, or if the confirming authority is satisfied that every objection made relates exclusively to matters of compensation which can be dealt by the Lands Tribunal the confirming authority may confirm the order with or without modifications.
- 5 In any other case where a relevant objection has been made which is not withdrawn or disregarded, the confirming authority is required, before confirming the order either—
(i) to cause a public local inquiry to be held; or
(ii) to afford to the objector an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose; or
(iii) with the consent of the objector to follow a written representation procedure.
6. The confirming authority may then, after considering the objection and the report of the person who held the inquiry or hearing or considered the written representations, confirm the order with or without modifications
7. Any objection to the order must be made in writing to the Secretary of State for Transport, Government Office for the North East, Local Authority Orders Section, 4th Floor, Citygate, Gallowgate, Newcastle upon Tyne NE1 4WH before the 6th April 2009 and should state the title of the order, the grounds of the objection and the objector’s address and interests in the land.
Schedule 1
Land to be acquired
Plot No | Description |
1 | 177 square metres, Common Land comprising a grassed and wooded area abutting on the north-east side of Bury Lane and south side of Lower Bury Lane |
2 | 635 square metres, Common Land comprising a grassed and wooded area abutting on the north-east side of Bury Lane and the north side of Lower Bury Lane north-west of the junction of those roads |
3 | 284 square metres, comprising a grassed and wooded area of land on the north-east side of Bury Lane, north-west of and adjoining Plot 2 |
4 | 79.15 square metres, paved area of Common Land on the north-east side of Lower Bury Lane south-east of its junction with Bury Lane |
Schedule 2
Land to be given in exchange for Common Land
11 | 2,324 square metres of grassed and wooded land on the eastern side of Bury Lane north of and adjacent to Plot 3 |
Dated this 20th day of April, 2010
Philip Thomson, County Solicitor, New Bridge House, 60-68 London Road, Chelmsford, CM2 0PD.