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 20172017-02-232021-10-01TSO (The Stationery Office), customer.services@thegazette.co.uk389556863489

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 Ealing

Plot No (1)	Description (2)
06139	All that stratum of subsoil that lies beneath 7245.32 square metres, or thereabouts, of public road and footways (Western Avenue), the upper extremity of which is 19.0 metres above Ordnance Survey Datum and the lower extremity of which is 5.6 metres below Ordnance Survey Datum.
06140	All that stratum of subsoil that lies beneath 113.56 square metres, or thereabouts, of public road and footway (Hanger Lane), the upper extremity of which is 7.6 metres above Ordnance Survey Datum and the lower extremity of which is 12.1 metres below Ordnance Survey Datum.
06141	All that stratum of subsoil that lies beneath 693.40 square metres, or thereabouts, of railways (Acton-Northolt Line and Central Line), works and land and bridge carrying public road and footway (Hanger Lane), the upper extremity of which is 7.6 metres above Ordnance Survey Datum and the lower extremity of which is 12.1 metres below Ordnance Survey Datum.
06143	All that stratum of subsoil that lies beneath 21.23 square metres, or thereabouts, of shrubland (south of Bipsham Road), the upper extremity of which is 8.7 metres above Ordnance Survey Datum and the lower extremity of which is 11.0 metres below Ordnance Survey Datum.
06144	All that stratum of subsoil that lies beneath 12669.69 square metres, or thereabouts, of railway (Acton-Northolt Line), works and land, the upper extremity of which is 9.1 metres above Ordnance Survey Datum and the lower extremity of which is 12.1 metres below Ordnance Survey Datum.
06145	All that stratum of subsoil that lies beneath 6729.11 square metres, or thereabouts, of railway (Central Line), works and land, the upper extremity of which is 9.1 metres above Ordnance Survey Datum and the lower extremity of which is 12.0 metres below Ordnance Survey Datum.
06146	All that stratum of subsoil that lies beneath 266.69 square metres, or thereabouts, of railway (Piccadilly Line), works and land, the upper extremity of which is 9.0 metres above Ordnance Survey Datum and the lower extremity of which is 10.7 metres below Ordnance Survey Datum.
06147	All that stratum of subsoil that lies beneath 243.64 square metres, or thereabouts, of railway (Acton-Northolt Line) and bridge carrying railway (Piccadilly Line) over, works and land, the upper extremity of which is 9.1 metres above Ordnance Survey Datum and the lower extremity of which is 10.6 metres below Ordnance Survey Datum.
06148	All that stratum of subsoil that lies beneath 200.94 square metres, or thereabouts, of railway (Central Line) and bridge carrying railway (Piccadilly Line) over, works and land, the upper extremity of which is 9.1 metres above Ordnance Survey Datum and the lower extremity of which is 10.6 metres below Ordnance Survey Datum.
06149	All that stratum of subsoil that lies beneath 680.97 square metres, or thereabouts, of railway (Central Line), works and land, the upper extremity of which is 9.3 metres above Ordnance Survey Datum and the lower extremity of which is 10.5 metres below Ordnance Survey Datum.
06151	All that stratum of subsoil that lies beneath 2309.79 square metres, or thereabouts, of railway (Acton-Northolt Line), works and land, the upper extremity of which is 9.3 metres above Ordnance Survey Datum and the lower extremity of which is 10.6 metres below Ordnance Survey Datum.
06152	All that stratum of subsoil that lies beneath 387.69 square metres, or thereabouts, of railway (Acton-Northolt Line), and bridge carrying public road (Western Avenue) over, works and land, the upper extremity of which is 9.4 metres above Ordnance Survey Datum and the lower extremity of which is 10.3 metres below Ordnance Survey Datum.
06154	All that stratum of subsoil that lies beneath 276.91 square metres, or thereabouts, of railways (Acton-Northolt Line and Central Line) and bridge carrying public road and footways (Western Avenue) over, works and land, the upper extremity of which is 9.4 metres above Ordnance Survey Datum and the lower extremity of which is 10.3 metres below Ordnance Survey Datum.
06156	All that stratum of subsoil that lies beneath 1111.24 square metres, or thereabouts, of railway (Central Line), works and land, the upper extremity of which is 9.6 metres above Ordnance Survey Datum and the lower extremity of which is 10.3 metres below Ordnance Survey Datum.
06157	All that stratum of subsoil that lies beneath 1438.27 square metres, or thereabouts, of railway (Acton-Northolt Line), works and land, the upper extremity of which is 9.6 metres above Ordnance Survey Datum and the lower extremity of which is 10.2 metres below Ordnance Survey Datum.
06158	All that stratum of subsoil that lies beneath 47.09 square metres, or thereabouts, of railway (Central Line) and footbridge carrying public footpath (Mason's Green Lane) over, works and land, the upper extremity of which is 9.6 metres above Ordnance Survey Datum and the lower extremity of which is 10.0 metres below Ordnance Survey Datum.
06159	All that stratum of subsoil that lies beneath 69.71 square metres, or thereabouts, of railway (Acton-Northolt Line) and footbridge carrying public footpath (Mason's Green Lane) over, works and land, the upper extremity of which is 9.6 metres above Ordnance Survey Datum and the lower extremity of which is 10.0 metres below Ordnance Survey Datum.
06160	All that stratum of subsoil that lies beneath 4546.34 square metres, or thereabouts, of railway (Acton-Northolt Line), works and land, the upper extremity of which is 12.7 metres above Ordnance Survey Datum and the lower extremity of which is 10.0 metres below Ordnance Survey Datum.
06161	All that stratum of subsoil that lies beneath 11651.82 square metres, or thereabouts, of railway (Central Line), works and land and part of car garage premises, the upper extremity of which is 16.3 metres above Ordnance Survey Datum and the lower extremity of which is 10.0 metres below Ordnance Survey Datum.
06163	All that stratum of subsoil that lies beneath 109.14 square metres, or thereabouts, of car park and premises (618 Western Avenue), the upper extremity of which is 11.8 metres above Ordnance Survey Datum and the lower extremity of which is 8.2 metres below Ordnance Survey Datum.
06164	All that stratum of subsoil that lies beneath 282.54 square metres, or thereabouts, of hotel and premises (614 Western Avenue), the upper extremity of which is 12.3 metres above Ordnance Survey Datum and the lower extremity of which is 7.8 metres below Ordnance Survey Datum.
06165	All that stratum of subsoil that lies beneath 862.87 square metres, or thereabouts, of petrol filling station and premises (612 Western Avenue), the upper extremity of which is 13.1 metres above Ordnance Survey Datum and the lower extremity of which is 7.3 metres below Ordnance Survey Datum.
06166	All that stratum of subsoil that lies beneath 2419.60 square metres, or thereabouts, of car showroom and premises (600-610 Western Avenue), the upper extremity of which is 15.0 metres above Ordnance Survey Datum and the lower extremity of which is 6.5 metres below Ordnance Survey Datum.
06167	All that stratum of subsoil that lies beneath 1049.91 square metres, or thereabouts, of car park, flats and premises (1-48 Wendover Court), the upper extremity of which is 19.0 metres above Ordnance Survey Datum and the lower extremity of which is 1.8 metres below Ordnance Survey Datum.
06168	All that stratum of subsoil that lies beneath 995.14 square metres, or thereabouts, of electricity substation (north of Western Avenue), the upper extremity of which is 17.5 metres above Ordnance Survey Datum and the lower extremity of which is 3.3 metres below Ordnance Survey Datum.
06170	All that stratum of subsoil that lies beneath 270.47 square metres, or thereabouts, of land and advertising hoarding (off Western Avenue), the upper extremity of which is 17.8 metres above Ordnance Survey Datum and the lower extremity of which is 2.1 metres below Ordnance Survey Datum.
06325	All that stratum of subsoil that lies beneath 1717.38 square metres, or thereabouts, of car park premises and storage building and public road and footways (Western Avenue), the upper extremity of which is 16.3 metres above Ordnance Survey Datum and the lower extremity of which is 5.5 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 01 October 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 ………………………………………………………………………..

S212_050

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 the 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.