Railways

BirminghamB4 6GA52.484141-1.898832COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981Compulsory Purchase (Vesting Declarations) Act 1981Compulsory Purchase (Vesting Declarations) Act 1981, s. 4High Speed Rail (London - West Midlands) Act 20172017-02-232021-09-14TSO (The Stationery Office), customer.services@thegazette.co.uk388419763472

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 SCHEDULE 1 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 must, in a notice which is (a) given to every person with a relevant interest in the land with respect to which a GVD 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.

6. Pursuant to section 3A(3) of the 1981 Act, a Statement of the Effect of Parts 2 and 3 of the 1981 Act is contained in Part 1 of Schedule 2 to this notice, which provides an explanation of the process for and the effect of a GVD in respect of the land described in Schedule 1 hereto. Part 1 of Schedule 2 to this notice also invites any person who would be entitled to claim compensation if a GVD were executed under section 4 of the 1981 Act to give the Acquiring Authority information about the person’s name, address and interest in the land using the form set out in Part 2 of Schedule 2.

SCHEDULE 1

London Borough of Camden

Plot No (1)	Description (2)
08162	All that stratum of subsoil that lies beneath 12927.50 square metres, or thereabouts, of railway (North London line, West Coast Main line and Watford DC line), tunnels (Primrose Tunnel), works, land, telecommunication mast and nature reserve (Adelaide Road Nature Reserve), the upper extremity of which is 13.4 metres above Ordnance Survey Datum and the lower extremity of which is 6.9 metres below Ordnance Survey Datum.
08163	All that stratum of subsoil that lies beneath 292.84 square metres, or thereabouts, of public road and footway (Primrose Hill Road), the upper extremity of which is 10.6 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 metres below Ordnance Survey Datum.
08164	All that stratum of subsoil that lies beneath 9.17 square metres, or thereabouts, of access, hardstanding and land (Hampstead Britannia Hotel, 42 Primrose Hill Road), the upper extremity of which is 10.6 metres above Ordnance Survey Datum and the lower extremity of which is 7.7 metres below Ordnance Survey Datum.
08165	All that stratum of subsoil that lies beneath 827.65 square metres, or thereabouts, of block of flats and premises (1-30 Rackstraw House, 40 Primrose Hill Road), the upper extremity of which is 10.8 metres above Ordnance Survey Datum and the lower extremity of which is 7.6 metres below Ordnance Survey Datum.
08166	All that stratum of subsoil that lies beneath 2261.05 square metres, or thereabouts, of flats, gardens, access, car park, hardstanding (Johnson House, Cleaver House and Hutchinson House, Adelaide Road), the upper extremity of which is 11.2 metres above Ordnance Survey Datum and the lower extremity of which is 7.5 metres below Ordnance Survey Datum.
08167	All that stratum of subsoil that lies beneath 234.19 square metres, or thereabouts, of flats and premises (78 Adelaide Road), the upper extremity of which is 11.3 metres above Ordnance Survey Datum and the lower extremity of which is 7.1 metres below Ordnance Survey Datum.
08168	All that stratum of subsoil that lies beneath 300.17 square metres, or thereabouts, of flats, premises, gardens and hardstanding (74 and 76 Adelaide Road), the upper extremity of which is 11.4 metres above Ordnance Survey Datum and the lower extremity of which is 7.0 metres below Ordnance Survey Datum.
08169	All that stratum of subsoil that lies beneath 51.30 square metres, or thereabouts, of flats and premises (72 Adelaide Road), the upper extremity of which is 11.5 metres above Ordnance Survey Datum and the lower extremity of which is 6.8 metres below Ordnance Survey Datum.
08170	All that stratum of subsoil that lies beneath 832.04 square metres, or thereabouts, of nature reserve and access (Adelaide Nature Reserve), the upper extremity of which is 11.5 metres above Ordnance Survey Datum and the lower extremity of which is 7.2 metres below Ordnance Survey Datum.
08171	All that stratum of subsoil that lies beneath 4.90 square metres, or thereabouts, of garden (70 Adelaide Road), the upper extremity of which is 11.5 metres above Ordnance Survey Datum and the lower extremity of which is 6.8 metres below Ordnance Survey Datum.
08173	All that stratum of subsoil that lies beneath 2457.41 square metres, or thereabouts, of public road, footway and bus shelter (Adelaide Road, B509), the upper extremity of which is 11.9 metres above Ordnance Survey Datum and the lower extremity of which is 7.5 metres below Ordnance Survey Datum.
08176	All that stratum of subsoil that lies beneath 14.84 square metres, or thereabouts, of garden (8 Kings Henry's Road), the upper extremity of which is 12.7 metres above Ordnance Survey Datum and the lower extremity of which is 5.6 metres below Ordnance Survey Datum.
08177	All that stratum of subsoil that lies beneath 285.89 square metres, or thereabouts, of flats, garden and hardstanding (6 King Henry's Road), the upper extremity of which is 12.9 metres above Ordnance Survey Datum and the lower extremity of which is 5.6 metres below Ordnance Survey Datum.
08178	All the stratum of subsoil that lies beneath 28.04 square metres, or thereabouts, of house and garden (5 Kings Henry's Road), the upper extremity of which is 13.0 metres above Ordnance Survey Datum and the lower extremity of which is 5.3 metres below Ordnance Survey Datum.
08179	All that stratum of subsoil that lies beneath 79.73 square metres, or thereabouts, of house and garden (3 Kings Henry's Road), the upper extremity of which is 13.0 metres above Ordnance Survey Datum and the lower extremity of which is 5.3 metres below Ordnance Survey Datum.
08180	All that stratum of subsoil that lies beneath 190.32 square metres, or thereabouts, of house and garden (1 Kings Henry's Road), the upper extremity of which is 13.1 metres above Ordnance Survey Datum and the lower extremity of which is 5.3 metres below Ordnance Survey Datum.
08181	All that stratum of subsoil that lies beneath 180.03 square metres, or thereabouts, of building (113 Regents Park Road), the upper extremity of which is 13.3 metres above Ordnance Survey Datum and the lower extremity of which is 5.0 metres below Ordnance Survey Datum.
08182	All that stratum of subsoil that lies beneath 174.40 square metres, or thereabouts, of land and hardstanding (113 Regents Park Road), the upper extremity of which is 13.2 metres above Ordnance Survey Datum and the lower extremity of which is 5.2 metres below Ordnance Survey Datum.
08183	All the stratum of subsoil that lies beneath 223.02 square metres, or thereabouts, of flats, garden and hardstanding (1c Kings Henry's Road), the upper extremity of which is 13.2 metres above Ordnance Survey Datum and the lower extremity of which is 5.2 metres below Ordnance Survey Datum.
08185	All that stratum of subsoil that lies beneath 654.19 square metres, or thereabouts, of shops, offices, flats and premises (115-119 (odd) Regent's Park Road and The Chesterfields, 1b King Henry's Road), the upper extremity of which is 13.4 metres above Ordnance Survey Datum and the lower extremity of which is 5.1 metres below Ordnance Survey Datum.
08186	All that stratum of subsoil that lies beneath 2094.66 square metres, or thereabouts, of pubic roads and footways (King Henry's Road and Regent's Park Road), the upper extremity of which is 13.5 metres above Ordnance Survey Datum and the lower extremity of which is 5.4 metres below Ordnance Survey Datum.
08188	All that stratum of subsoil that lies beneath 28.21 square metres, or thereabouts, of garden (8 Kings Henry's Road), the upper extremity of which is 12.7 metres above Ordnance Survey Datum and the lower extremity of which is 5.7 metres below Ordnance Survey Datum.
08189	All the stratum of subsoul that lies beneath 29.67 square metres, or thereabouts, of railway (West Coast Main line), works, land and footbridge carrying public footway (Regent's Park Road) above same, the upper extremity of which is 13.5 metres above Ordnance Survey Datum and the lower extremity of which is 4.8 metres below Ordnance Survey Datum.
08190	All that stratum of subsoil that lies beneath 13.66 square metres, or thereabouts, of hardstanding land andunderground car park (off 95 Adelaide Road), the upper extremity of which is 11.2 metres above Ordnance Survey Datum and the lower extremity of which is 7.1 metres below Ordnance Survey Datum.
08511	All that stratum of subsoil that lies beneath 67.70 square metres, or thereabouts, of underground car park and land (95 Adelaide Road), the upper extremity of which is 11.3 metres above Ordnance Survey Datum and the lower extremity of which is 7.1 metres below Ordnance Survey Datum.
08512	All that stratum of subsoil that lies beneath 35.83 square metres, or thereabouts, of building, premises (Adelaide Medical Centre), access, land and underground car park (111 Adelaide Road), the upper extremity of which is 11.2 metres above Ordnance Survey Datum and the lower extremity of which is 7.2 metres below Ordnance Survey Datum.
08513	All that stratum of subsoil that lies beneath 44.05 square metres, or thereabouts, of car park spaces and hardstanding (113 Regents Park Road), the upper extremity of which is 13.3 metres above Ordnance Survey Datum and the lower extremity of which is 4.9 metres below Ordnance Survey Datum.
08514	All that stratum of subsoil that lies beneath 79.35 square metres, or thereabouts, of car park spaces and hardstanding (113 Regents Park Road), the upper extremity of which is 13.2 metres above Ordnance Survey Datum and the lower extremity of which is 5.1 metres below Ordnance Survey Datum.

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 14 September 2021

Mike Hickson OBE

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 freehold mines and minerals comprised within the Land together with the right to win and work them and all related ancillary rights, 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 freehold mines and minerals comprised in the 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 ………………………………………………………………………..

S121_091

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.