Highways England Company Limited (hereinafter referred to as “the Undertaker”) is authorised pursuant to article 20 of the M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (“the Order”) to acquire compulsorily so much of the Order land¹ as is required for the authorised development or to facilitate, or is incidental to, it.

Article 24(1) of the Order applies the Compulsory Purchase (Vesting Declarations) Act 1981 (“the 1981 Act”) to the Order as if the Order were a compulsory purchase order.

Pursuant to section 3(1) of the 1981 Act, as amended by Article 24 of the Order, before making a general vesting declaration under section 4 of the 1981 Act with respect to any land which is subject to a compulsory purchase order, the Undertaker must include the particulars specified in section 3(3) of the 1981 Act in a notice which is: (a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and (b) published in a local newspaper circulating in the area in which the land is situated.

Notice is hereby given in accordance with section 3 of the 1981 Act, as amended by Article 24 of the Order, of the intention of the Undertaker to make a general vesting declaration in respect of the land described in the Schedule to this notice.

The following paragraphs contain a statement of the effect of Parts II and III of the 1981 Act.

¹ “Order land” is defined in the Order as “the land shown on the land plans within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference”.

Power to make general vesting declaration

1. The Undertaker may acquire any of the land described in the Schedule below by making a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. This has the effect, subject to paragraph 4 below, of vesting the land in the Undertaker at the end of the period mentioned in paragraph 2 below. A declaration may not be made before the end of a period of two months from the first publication of a notice which includes this statement except with the consent in writing of every occupier of the land affected.

Notice concerning general vesting declaration

2. As soon as may be after the Undertaker makes a general vesting declaration, it must serve notice of it on every occupier of any land specified in the declaration (except land where there is one of the tenancies described in paragraph 3) and on every person who gives it information relating to the land in pursuance of the invitation contained in any notice. When service of notice of the general vesting declaration is completed, a further period begins to run. This period, which must not be less than 28 days, will be specified in the declaration. On the first day after the end of this period (“the vesting date”) the land described in the declaration will, subject to what is said in paragraph 4, vest in the Undertaker together with the right to enter on the land and take possession of it. Every person on whom the Undertaker 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 3) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

Modifications with respect to certain tenancies

3. In case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a “minor tenancy”, that is 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 still has 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.

4. The modifications are that the Undertaker may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 3 unless it first serves notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of its intention to enter and take possession after the period (not less than 14 days from the service of the notice) specified in the notice. The right of entry will be exercisable at the end of the 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.

Description: Land and Premises at -

Bed and banks of Clayhill Brook; land and woodland at Reading Motorway Service Area; mobile phone mast; building and car park (Cutbush Motorway Transmission Station); bed and banks of the River Loddon; land and woodland off Green Lane; fields, agricultural land and hedgerows at Stroud Farm; building and hardstanding (off M4); telecommunications mast and conveyor corridor; bed and banks of river (The Cut); fields, agricultural land and hedgerows at Bray; field and agricultural land off Old Mill Lane; land, woodland, verge, path, agricultural land, woodland, telecommunications mast and hedgerows off Monkey Island Lane; bed and banks of the River Thames; field and woodland at Amerden Caravan and Camping Park; field, agricultural land and manège at Dorney Meadows; land and woodland at Glebe Close; hedgerow and garden at 1 Glebe Close.

Highways and Ways at –

The M4 public motorway, including verges, embankment, culverts and drains, slip roads, pylon and overhead electricity lines, gantry, footbridges carrying footways and cycle way; underpass below; footbridges carrying public footpaths (nos TIDM/10/4 and THEA/10/2) above; bridges carrying public road (Bath Road, A4) above; bridge carrying public motorway (M4) above railway (Reading to Plymouth line); bridge carrying public motorway (M4) above river (Holy Brook); bridges carrying public motorway (M4) above Kennet River and Kennet & Avon Canal; bridge carrying public motorway (M4) above river (Clayhill Brook); bridge carrying public road (Burghfield Road) above; bridge carrying public motorway (M4) above railway (Reading to Southampton line); bridge carrying public road (Kybes Lane) above; culvert carrying river (Foudry Brook) below; bridge carrying public road (Basingstoke Road, A33) above; bridge carrying public road (Shinfield Road, A327) above; bridge carrying private road (Cutbush Lane) and public footpath (no. 39) above; bridge carrying public motorway (M4) above river (River Loddon); bridge carrying public motorway (M4) above public road and verge (Mill Lane); bridge carrying public motorway (M4) above public road and footways (King Street Lane, B3030); bridge carrying public motorway (M4) above public road, footways and cycle path (Reading Road, A329); bridge carrying public motorway (M4) above railway (London Waterloo and Reading line); culvert carrying river (Emm Brook) below; bridge carrying public road (Twyford Road, A321) above; bridge carrying public road (The Straight Mile) above; bridge carrying track and public footpath (no. WALT/25/1) above; bridge carrying public road (Shurlock Row, B3018) above; bridge carrying public motorway (M4) above track carrying public byway (no. 23) and public bridleway (no.23A) (Mare Lane); bridge carrying public road (Drift Road) above; bridge carrying public road (Littlefield Green, B3024) above; bridge carrying restricted byway (no. WHIT/8/6) above; culvert carrying river (The Cut), and bed and banks thereof below; bridge carrying public bridleways (no’s BRAY/11/1 and COXG/13/6) (Thrift Lane) above; bridge carrying public motorway A404(M) above; culvert carrying river (The Bourne), bed and banks thereof below; bridge (Ascot Road Bridge) carrying public road and footway (Ascot Road, A330) above; bridge carrying public motorway above public road and footways (Windsor Road, A308); bridge carrying public motorway (M4) above river (The Cut); embankment off Monkey Island Lane; bridge carrying public road and footways (Monkey Island Lane) above; bridge (New Thames Bridge) carrying public motorway (M4), path, public footpaths (no’s BRAY/74/1 and BRAY/75/1) above cycle path and river (River Thames), bed and banks thereof, access stairs, tow path and public footpath (no. DOR/18/5); bridge carrying public road and footways (Marsh Lane) and public footpath (no. DOR/22/1) above; subway (Lots Hole Culvert) and track (Jubilee River) below; bridge carrying public motorway (M4) above river (Jubilee River); culvert (Roundmore Culvert) carrying drain below.

Public footpaths (TIDM/10/4 and THEA/10/2); public road (Bath Road, A4); towpath (Kennet & Avon Canal) and public footpath (BURG/24/5); public road (Burghfield Road); public road (Kybes Lane); public road and verge (Basingstoke Road, A33); verge (Lower Earley Way (West), B3270); private road (Cutbush Lane) and public footpath (no. 39); public road and verge (Mill Lane); public road and footways (King Street Lane, B3030) ; public road, footways and cycle path (Reading Road, A329); public motorway, verges, embankment, bridges, slip roads and drains (A329(M)); the A404(M) public motorway, including verges and embankment and culvert carrying river (The Cut) below; the A308(M) public motorway, including verges and embankment and culvert carrying river (The Cut) below; public road, land, verge and footway (Ascot Road, A330); access track at Stroud Farm; public road, verges and footways (Windsor Road, A308); public road, footway and verges, and embankment and track (Old Mill Lane); public road, verge, path, cycleway, footways at Monkey Island Lane; public footpaths (BRAY/74/1) and (BRAY/75/1), verge and track off Monkey Island Lane; cycle path, verge access stairs, tow path and public footpath (DOR/18/5); public road, footway and verges (Marsh Lane) and public footpath (DOR/22/1), (DOR/23/1) and (DOR/31/1); private road and verges at Glebe Close.

Dated 10 January 2019

Delivery Director, Highways England Company Limited

Every person who, if a general vesting declaration were made in respect of all the land comprised in the Order (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 Undertaker in the prescribed form which is set out below.

To: Highways England Company Limited

Floor 5

2 Colmore Square

Birmingham

B4 6BN

[I] [We] being [a person] [persons] who, if a general vesting declaration were made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the 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 3 of that Act.

Name and address of informant(s)⁽ⁱ⁾

………………………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

Land in which an interest is held by informant(s)⁽ⁱⁱ⁾

………………………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

Nature of interest⁽ⁱⁱⁱ⁾

………………………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

Signed ……………………………………………………………………….

(on behalf of…………………………………………………………………)

Date ………………………………………………………………………..

⁽ⁱ⁾ In the case of a joint interest, insert the names and addresses of all of the informants.

⁽ⁱⁱ⁾ The land should be described concisely.

⁽ⁱⁱⁱ⁾ 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 incumbrance, details should be given, e.g. name of building society and roll number.