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 shall, in a notice which is (a) given to every person with a relevant interest in the land with respect to which a declaration 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 of the Statement of the Effect of Parts 2 and 3 of the 1981 Act which provides an explanation of the process for and the effect of a GVD in respect of the land described in Schedule 1 hereto.
SCHEDULE 1
London Borough of Camden
| (1) Plot No | (2) Description |
| 00267 | All interests in 3387.45 square metres, or thereabouts, of hotel, electricity substation, telecommunications mast and premises (Thistle Hotel Euston, Cardington Street) and part width of Cardington Street fronting those premises, excluding those interests held by Tube Lines Limited and London Underground Limited registered under title LN28177. |
| 00268 | All interests in 10809.51 square metres, or thereabouts, of public gardens, accessway, playground, sports pitch, burial ground, drinking fountain, monument and obelisk (St James Gardens, Cardington Street) and part width of Hampstead Road, excluding those interests held by Tube Lines Limited and London Underground Limited registered under title 305654. |
| 00269 | All interests in 503.45 square metres, or thereabouts, of offices, flats and premises (1 and 3 Cobourg Street) and part width of Cobourg Street fronting those premises, excluding those interests held by Tube Lines Limited and London Underground Limited registered under title 306456 and those interests of Secretary of State for Transport. |
| 00270 | All interests in 4379.87 square metres, or thereabouts, of hotel, car park, electricity substation and premises (The Ibis Hotel, Cardington Street), part width of Cobourg Street and Drummond Street fronting those premises and cycle hire station, excluding those interests held by Tube Lines Limited and London Underground Limited registered under title 306456. |
| 00271 | All interests in 1461.23 square metres, or thereabouts, of showroom, car park and premises (93-103 (odd) Drummond Street) and part width of Cobourg Street and Drummond Street fronting those premises, excluding those interests held by LUL Nominee BCV Limited and London Underground Limited registered under title LN250499. |
| 00272 | All interests in 331.84 square metres, or thereabouts, of public house and premises (The Bree Louise, 69 Cobourg Street) and part width of Cobourg Street and Euston Street fronting those premises, excluding those interests held by LUL Nominee BCV Limited and London Underground Limited registered under title LN251777. |
| 00273 | All interests in 97.03 square metres, or thereabouts, of flats and premises (64 Euston Street) and part width of Euston Street fronting those premises, excluding those interests held by LUL Nominee BCV Limited and London Underground Limited registered under title LN250499. |
| 00274 | All interests in 94.81 square metres, or thereabouts, of flats and premises (62 Euston Street) and part width of Euston Street fronting those premises, excluding those interests held by LUL Nominee BCV Limited and London Underground Limited registered under title LN250499. |
| 00275 | All interests in 92.84 square metres, or thereabouts, of flats and premises (60 Euston Street) and part width of Euston Street fronting those premises, excluding those interests held by LUL Nominee BCV Limited and London Underground Limited registered under title LN250499. |
| 00276 | All interests in 104.23 square metres, or thereabouts, of flats and premises (58 Euston Street) and part width of Euston Street fronting those premises. |
| 00277 | All interests in 207.38 square metres, or thereabouts, of offices and premises (54-56 Euston Street) and part width of Euston Street fronting those premises, excluding those interests held by LUL Nominee BCV Limited and London Underground Limited registered under title LN250867. |
| 00278 | All interests in 361.78 square metres, or thereabouts, of offices and premises (11-13 Melton Street) and part width of Euston Street fronting those premises, excluding those interests held by LUL Nominee BCV Limited and London Underground Limited in respect of tunnels carrying railway and works (Victoria Line). |
| 00763 | All interests in 569.01 square metres, or thereabouts, of public road and footways (Euston Square) and cellars fronting 30 Euston Square, excluding subsurface tram ducts owned by Transport for London. |
| 00764 | All interests in 1697.42 square metres, or thereabouts, of public road and footways (Melton Street), cycle hire station and car club parking bay, excluding those interests held by LUL Nominee BCV Limited and London Underground Limited in respect of tunnels carrying railway and works (Victoria Line) and subsurface tram ducts owned by Transport for London. |
| 00765 | All interests in 3270.90 square metres, or thereabouts, of public road and footways (Cardington Street), platforms at subsurface level (Euston Station), taxi rank, cellars and canopy fronting hotel (Thistle Hotel Euston, Cardington Street), excluding those interests held by Tube Lines Limited and London Underground Limited registered under title 306456. |
| 00959 | All interests in 581.27 square metres, or thereabouts, of public road and footways (Cardington Street), excluding those interests held by Tube Lines Limited and London Underground Limited in respect of tunnels carrying railway and works (Northern Line). |
| 00960 | All interests in 230.17 square metres, or thereabouts, of public road and footway (Euston Square). |
| 00961 | All interests in 717.47 square metres, or thereabouts, of public road and footways (Melton Street) and platforms at subsurface level (Euston Station), excluding those interests held by LUL Nominee BCV Limited and London Underground Limited registered under title NGL899310 and subsurface tram ducts owned by Transport for London. |
| 00985 | All interests in 125.05 square metres, or thereabouts, of courtyard and premises (north of Starcross Street) and part width of Cobourg Street fronting those premises, excluding those interests held by Tube Lines Limited and London Underground Limited registered under title 286486. |
| 00986 | All interests in 112.71 square metres, or thereabouts, of hardstanding (north of Exmouth Arms public house, Cobourg Street) and part width of Cobourg Street, excluding those interests held by Tube Lines Limited and London Underground Limited registered under title 306456. |
| 01009 | All interests in 128.42 square metres, or thereabouts, of public road and footway (Cobourg Street), excluding those interests held by LUL Nominee BCV Limited and London Underground Limited in respect of tunnels carrying railway and works (Victoria Line). |
| 01010 | All interests in 221.15 square metres, or thereabouts, of public road and footway (Drummond Street), excluding those interests held by Tube Lines Limited and London Underground Limited in respect of tunnels carrying railway and works (Northern Line). |
| 01012 | All interests in 41.09 square metres, or thereabouts, of public road (Cardington Street), excluding those interests held by Tube Lines Limited and London Underground Limited in respect of tunnels carrying railway and works (Northern Line). |
| 01042 | All interests in 264.71 square metres, or thereabouts, of public road and footway (Cardington Street). |
| 01097 | All interests in 144.15 square metres, or thereabouts, of flats and premises (14-15 Melton Street), excluding those interests held by LUL Nominee BCV Limited and London Underground Limited registered under title LN250499. |
| 01322 | All interests in 85.72 square metres, or thereabouts, of public road and footway (Hampstead Road). |
| 01323 | All interests in land held by Canfield Freehold Limited comprising 24.36 square metres, or thereabouts, of passageway at ground floor level below flats and premises (61 and 65 Cobourg Street). |
| 01324 | All interests in 5.00 square metres, or thereabouts, of accessway (east of Cobourg Street). |
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 12 July 2017
Oliver Bayne
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 ………………………………………………………………..
S311_002
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 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.