Railways

BirminghamB4 6GA52.483655-1.898185COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981Compulsory Purchase (Vesting Declarations) Act 1981Compulsory Purchase (Vesting Declarations) Act 1981, s. 42017-02-232020-01-31TSO (The Stationery Office), customer.services@thegazette.co.uk348389162906

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

DISTRICT OF LICHFIELD

(1) Plot No (2) Description
27904 All interests in 151.13 square metres, or thereabouts, of agricultural land (Cappers Lane)
27937 All interests in 213.22 square metres, or thereabouts, of private accessway and car park (Cappers Lane)
27938 All interests in 437.23 square metres, or thereabouts, of private accessway and car park (Cappers Lane)
27939 All interests in 33,861.07 square metres, or thereabouts, of agricultural land and accessway (Broad Lane)
27940 All interests in 12,604.25 square metres, or thereabouts, of agricultural land, garages and garden (Ivy Cottage) (Broad Lane) excluding any interests held by the Secretary of State for Transport
27941 All interests in 12,443.08 square metres, or thereabouts, of agricultural land (Broad Lane)
27942 All interests in 1,148.3 square metres, or thereabouts, of private access track and public bridleway (Fradley and Streethay 8) (Broad Lane)
27943 All interests in 103.71 square metres, or thereabouts, of private accessway (Broad Lane)
27944 All interests in 6,211.27 square metres, or thereabouts, of agricultural land (Broad Lane)
27946 All interests in 571.23 square metres, or thereabouts, of wooded area and buildings (Broad Lane) excluding any interests held by the Secretary of State for Transport
27947 All interests in 753.12 square metres, or thereabouts, of wooded area (Broad Lane) excluding any rights held by the Secretary of State for Transport
27948 All interests in 1,422.99 square metres, or thereabouts, of scrubland (Broad Lane)
27949 All interests in 57.95 square metres, or thereabouts, of private accessway (Broad Lane)
27950 All interests in 1,993.65 square metres, or thereabouts, of wooded area and ponds (Broad Lane)
27951 All interests in 5,091.01 square metres, or thereabouts, of public roads, verges and accessway (Cappers Lane and Broad Lane)
27952 All interests in 122,620.3 square metres, or thereabouts, of agricultural land, pylon and overhead electricity cables (Broad Lane)
27954 All interests in 34,041.38 square metres, or thereabouts, of agricultural land and watercourse (Cappers Lane)
27955 All interests in 258.79 square metres, or thereabouts, of agricultural land (Cappers Lane)
27956 All interests in 263.32 square metres, or thereabouts, of agricultural land (Cappers Lane)
27959 All interests in 97,265.1 square metres, or thereabouts, of agricultural land, brook (Mare Brook), woodland (Fulfen Wood), private access track, pylon and overhead electricity cables (Broad Lane)
27960 All interests in 463.65 square metres, or thereabouts, of agricultural land (Broad Lane)
27961 All interests in 94,098.93 square metres, or thereabouts, of agricultural land, pond and public footpath (Fradley and Streethay 6) (A38)
27966 All interests in 61,517.81 square metres, or thereabouts, of agricultural land, track and airstrip (Streethay Airstrip) (A38)
27967 All interests in 214.96 square metres, or thereabouts, of scrubland (A38)
27970 All interests in 11,937.39 square metres, or thereabouts, of agricultural land and private access track (A38)
27974 All interests in 12,451.15 square metres, or thereabouts, of grassland and wooded area (A38)
27975 All interests in 1,959.88 square metres, or thereabouts, of agricultural land (A38)
27976 All interests in 150.39 square metres, or thereabouts, of private access track and wooded area (A38)
27977 All interests in 1,186.02 square metres, or thereabouts, of house and garden (Field Cottage) (A38) excluding any interests held by the Secretary of State for Transport
27980 All interests in 34.66 square metres, or thereabouts, of private access track and wooded area (A38)
27981 All interests in 7.93 square metres, or thereabouts, of private accessway and verge (A38) excluding any interests held by the Secretary of State for Transport
27982 All interests in 1,762.24 square metres, or thereabouts, of agricultural land and accessway (A38)
27984 All interests in 501.83 square metres, or thereabouts, of agricultural land (Broad Lane)
27987 All interests in 107.49 square metres, or thereabouts, of agricultural land and private access track (Broad Lane)
28057 All interests in 286.19 square metres, or thereabouts, of agricultural land (Cappers Lane)
28058 All interests in 3,176.9 square metres, or thereabouts, of agricultural land, private road and canal bank (Wyrley and Essington Canal) (Cappers Lane)
28059 All interests in 200.34 square metres, or thereabouts, of agricultural land (Cappers Lane)
28062 All interests in 1,675.08 square metres, or thereabouts, of agricultural land (Cappers Lane)
28063 All interests in 599.78 square metres, or thereabouts, of agricultural land and private accessway (New Fulfen Cottage) (Cappers Lane)
28064 All interests in 146 square metres, or thereabouts, of agricultural land (Cappers Lane)
28069 All interests in 280.81 square metres, or thereabouts, of public road and verges (Thompson Way)
28293 All interests in 73.32 square metres, or thereabouts, of garden (Streethay Cottage) (A38)
28294 All interests in 121.05 square metres, or thereabouts, of garden (Streethay Cottage) (A38)
28304 All interests in 82.35 square metres, or thereabouts, of public road verge (Broad Lane)
28305 All interests in 90 square metres, or thereabouts, of public road verge (Broad Lane)
28306 All interests in 21.21 square metres, or thereabouts, of public road verge (Broad Lane)
28307 All interests in 82.13 square metres, or thereabouts, of public road verge (Broad Lane)
28363 All interests in 256.33 square metres, or thereabouts, of private access track
28572 All interests in 2,092.33 square metres, or thereabouts, of public road and verges (Cappers Lane)
29165 All interests in 823.16 square metres, or thereabouts, of private access track, scrubland and public footpath (Streethay 6) (A38)
29179 All interests in 32.24 square metres, or thereabouts, of private access track (Broad 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 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 31 January 2020

Colette Carroll, 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 ………………………………………………………………………..

N232_029

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.