Railways
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
Buckinghamshire
Plot No (1) | Description (2) |
65127 | All interests in 44689.6 square metres, or thereabouts, of agricultural land, hedgerow, pylon and overhead electricity cables (London Road) |
65128 | All interests in 15040.6 square metres, or thereabouts, of agricultural land (Chesham Lane) |
65130 | All interests in 133.1 square metres, or thereabouts, of agricultural land (Chesham Lane) |
65131 | All interests in 628.3 square metres, or thereabouts, of agricultural land (Plot 153, London Road) |
65132 | All interests in 120.3 square metres, or thereabouts, of agricultural land (Plot 152, London Road) |
65133 | All interests in 636.3 square metres, or thereabouts, of agricultural land (Plot 154, London Road) |
65134 | All interests in 627.6 square metres, or thereabouts, of agricultural land (Plot 155, London Road) |
65135 | All interests in 698.5 square metres, or thereabouts, of agricultural land (Plot 156, London Road) |
65136 | All interests in 630.9 square metres, or thereabouts, of agricultural land (Plot 139, London Road) |
65137 | All interests in 46.7 square metres, or thereabouts, of agricultural land (Plot 140, London Road) |
65138 | All interests in 1965.2 square metres, or thereabouts, of agricultural land and hedgerow (London Road) |
65140 | All interests in 1338.6 square metres, or thereabouts, of agricultural land and hedgerow (Plots 157 and 158, London Road) |
65141 | All interests in 1980.0 square metres, or thereabouts, of agricultural land and hedgerow (London Road) |
65143 | All interests in 2928.7 square metres, or thereabouts, of agricultural land, pylon and overhead electricity cables (London Road) |
65144 | All interests in 860.3 square metres, or thereabouts, of agricultural land (Plot 159, London Road) |
65151 | All interests in 2657.5 square metres, or thereabouts, of public road and verges (Rocky Lane) |
65152 | All interests in 1545.1 square metres, or thereabouts, of public road and verges (Rocky Lane) |
65153 | All interests in 2905.2 square metres, or thereabouts, of agricultural land (Rocky Lane) |
65154 | All interests in 21828.9 square metres, or thereabouts, of agricultural land and access track (Chiltern Milion, London Road) |
65155 | All interests in 23052.6 square metres, or thereabouts, of agricultural land (Rocky Lane) |
65165 | All interests in 20943.1 square metres, or thereabouts, of agricultural land, woodland and access track (Boswells Farm) |
65166 | All interests in 14039.4 square metres, or thereabouts, of agricultural land, pylon and overhead electricity cables (Small Dean Lane) |
65167 | All interests in 224.1 square metres, or thereabouts, of agricultural land and access track (Small Dean Farm) |
65170 | All interests in 391.3 square metres, or thereabouts, of access track and verges (Boswells Farm) |
65171 | All interests in 630.2 square metres, or thereabouts, of access track and verges (Small Dean Lane) |
65172 | All interests in 219.5 square metres, or thereabouts, of access track and verge, and bridge carrying same over railway, works and land (Marylebone and Aylesbury Line) |
65173 | All interests in 3239.0 square metres, or thereabouts, of public road, verges and access splays (Small Dean Lane) |
65176 | All interests in 1743.1 square metres, or thereabouts, of woodland (Small Dean Lane) |
65177 | All interests in 34088.2 square metres, or thereabouts, of agricultural land, woodland, pylon and overhead electricity cables (Small Dean Farm) |
65179 | All interests in 2248.3 square metres, or thereabouts, of woodland, agricultural land, hedgerows and access track (Boswells Farm) |
65180 | All interests in 72.0 square metres, or thereabouts, of woodland (Small Dean Farm) |
65181 | All interests in 3095.3 square metres, or thereabouts, of public road, verges and woodland (Small Dean Lane) |
65182 | All interests in 30663.9 square metres, or thereabouts, of agricultural land (Grove Farm) |
65183 | All interests in 3039.4 square metres, or thereabouts, of public road, verge and woodland (Nash Lee Road) |
65184 | All interests in 2596.7 square metres, or thereabouts, of access road and verges carrying public bridleway (WEN/57/1) (Grove Farm) |
65186 | All interests in 233.0 square metres, or thereabouts, of access road and verges (Grove Farm) |
65188 | All interests in 548.4 square metres, or thereabouts, of agricultural land (Grove Farm) |
65189 | All interests in 7484.9 square metres, or thereabouts, of agricultural land, hardstanding, pylon and overhead electricity cables (Grove Farm) |
65191 | All interests in 501.7 square metres, or thereabouts, of cattle grid, access road and verges carrying public bridleway (WEN/57/1) (Grove Farm) |
65192 | All interests in 2920.0 square metres, or thereabouts, of agricultural land (Grove Farm) |
65194 | All interests in 19001.9 square metres, or thereabouts, of agricultural land (Bacombe Lane) |
65196 | All interests in 522.5 square metres, or thereabouts, of public road and verges carrying public bridleway (WEN/14/3) (Bacombe Lane) |
65198 | All interests in 10890.9 square metres, or thereabouts, of agricultural land, pylon and overhead electricity cables (Bacombe Lane) |
65199 | All interests in 1262.7 square metres, or thereabouts, of public road and verges carrying public footpath (WEN/13A/1) public bridleways (WEN/14/3 and WEN/14/4) (Bacombe Lane) |
65202 | All interests in 2620.2 square metres, or thereabouts, of public road and verges carrying public bridleways (WEN/14/4 and WEN/14/5), embankments, woodland, access splays and access track carrying public bridleway (WEN/57/1) (Bacombe Lane) |
65203 | All interests in 22572.0 square metres, or thereabouts, of agricultural land, hedgerow and public footpath (WEN/13A/1) (Bacombe Lane) |
65204 | All interests in 160.5 square metres, or thereabouts, of bridge carrying public road and footways (Bacombe Lane) carrying public bridleway (WEN/14/5) over public road (Nash Lee Road) |
65205 | All interests in 1.6 square metres, or thereabouts, of woodland (Nash Lee Road) |
65208 | All interests in 93.4 square metres, or thereabouts, of embankment and woodland (Nash Lee Road) |
65210 | All interests in 37.2 square metres, or thereabouts, of woodland and access track carrying public bridleway (WEN/15/4) (Bacombe Hill) |
65211 | All interests in 129.0 square metres, or thereabouts, of woodland and access track carrying public bridleway (WEN/15/4) and public footpath (WEN/44/2) (Ellesborough Road) |
65212 | All interests in 0.2 square metres, or thereabouts, of verge (Bacombe Hill) |
65213 | All interests in 14891.4 square metres, or thereabouts, of agricultural land, access track, public footpath (WEN/13A/1), pylon and overhead electricity cables (Bacombe Lane) |
65216 | All interests in 6.4 square metres, or thereabouts, of access track (Ellesborough Road) |
65217 | All interests in 4681.3 square metres, or thereabouts, of public road, verges, footway, access splay, woodland, public bridleway (WEN/15/4) and public footpath (WEN/44/2) (Ellesborough Road) |
65218 | All interests in 403.0 square metres, or thereabouts, of woodland, grassland and access track (Ellesborough Road) |
65219 | All interests in 1107.1 square metres, or thereabouts, of grassland and woodland (Wendover Memorial Woodland) |
65220 | All interests in 859.0 square metres, or thereabouts, of agricultural land (Coneycroft Farm) |
65221 | All interests in 12.7 square metres, or thereabouts, of woodland (Ellesborough Road) |
65226 | All interests in 1310.8 square metres, or thereabouts, of public road, verges, footways, woodland, access splay and public footpaths (WEN/6/3 and WEN/13A/1) (Ellesborough Road) |
65227 | All interests in 173.4 square metres, or thereabouts, of access track (Ellesborough Road) |
65228 | All interests in 4.9 square metres, or thereabouts, of electricity substation (Ellesborough Road) |
65229 | All interests in 1289.7 square metres, or thereabouts, of grassland (Ellesborough Road) |
65231 | All interests in 310.0 square metres, or thereabouts, of access track and verges carrying public footpath (WEN/6/3) and woodland (Ellesborough Road) |
65232 | All interests in 8.1 square metres, or thereabouts, of woodland (Ellesborough Road) |
65233 | All interests in 1442.4 square metres, or thereabouts, of agricultural land (Ellesborough Road) |
65234 | All interests in 2825.3 square metres, or thereabouts, of agricultural land, access splay and access track (Wendover Cricket Club) |
65236 | All interests in 3649.8 square metres, or thereabouts, of agricultural land (Coneycroft Farm) |
65237 | All interests in 444.5 square metres, or thereabouts, of woodland, agricultural land, access splay, access track and public footpath (WEN/11/2) (Wendover Cricket Club) |
65239 | All interests in 113.0 square metres, or thereabouts, of access track carrying public footpath (WEN/6/2) (Ellesborough Road) |
65240 | All interests in 123.0 square metres, or thereabouts, of agricultural land (Coneycroft Farm) |
65241 | All interests in 113347.4 square metres, or thereabouts, of agricultural land, hardstanding and public footpaths (WEN/6/2, WEN/11/1 and WEN/55/1) (Ellesborough Road) |
65247 | All interests in 3565.5 square metres, or thereabouts, of agricultural land and public footpath (WEN/6/1) (Coneycroft Farm) |
65248 | All interests in 621.8 square metres, or thereabouts, of agricultural land and public footpath (WEN/6/1) (Coneycroft Farm) |
65249 | All interests in 164.8 square metres, or thereabouts, of agricultural land and public footpath (WEN/6/1) (Coneycroft Farm) |
65250 | All interests in 76.9 square metres, or thereabouts, of agricultural land (Coneycroft Farm) |
65251 | All interests in 38867.9 square metres, or thereabouts, of agricultural land, hedgerows, embankment, pylons and overhead electricity cables (Ellesborough Road) |
65254 | All interests in 308.3 square metres, or thereabouts, of access track carrying public footpath (WEN/55/1) and bridge carrying same over verge (Nash Lee Road) |
65255 | All interests in 535.3 square metres, or thereabouts, of embankment, hedgerow and verge (Nash Lee Road) |
65257 | All interests in 57.8 square metres, or thereabouts, of embankment, hedgerow and verge (Nash Lee Road) |
65259 | All interests in 15453.3 square metres, or thereabouts, of agricultural land, pylon and overhead electricity cables (Ellesborough Road) |
65261 | All interests in 138990.2 square metres, or thereabouts, of agricultural land, hedgerows, pylons and overhead electricity cables, outbuildings, access track and verges carrying public footpath (ELL/25/1) (Wellwick Farm) |
65263 | All interests in 1276.3 square metres, or thereabouts, of public road, verge and hedgerow (Nash Lee Road) |
65264 | All interests in 7775.5 square metres, or thereabouts, of agricultural land (Ellesborough Road) |
65265 | All interests in 3280.7 square metres, or thereabouts, of agricultural land and woodland (Wellwick Farm) |
65266 | All interests in 466.4 square metres, or thereabouts, of woodland (Nash Lee Road) |
65268 | All interests in 2362.4 square metres, or thereabouts, of woodland (Nash Lee Road) |
65271 | All interests in 7435.0 square metres, or thereabouts, of agricultural land (Wellwick Farm) |
65273 | All interests in 3422.9 square metres, or thereabouts, of public road, verges, hedgerows and roundabout (Nash Lee Road) |
65274 | All interests in 4656.9 square metres, or thereabouts, of pond, woodland and drain (Nash Lee Road) |
65275 | All interests in 551.9 square metres, or thereabouts, of public road and verges (Nash Lee Road) |
65279 | All interests in 9484.0 square metres, or thereabouts, of public road, verges, woodland, hedgerows, access splays, public footpath (ELL/25/1) and drain (Nash Lee Road) |
65281 | All interests in 2702.8 square metres, or thereabouts, of agricultural land (Nash Lee Road) |
65282 | All interests in 9006.4 square metres, or thereabouts, of agricultural land (Nash Lee Road) |
65283 | All interests in 1835.1 square metres, or thereabouts, of agricultural land and building (Nash Lee Road) |
65284 | All interests in 1549.6 square metres, or thereabouts, of access road, verges and access splays (Nash Lee Road) |
65285 | All interests in 158.4 square metres, or thereabouts, of garden and access track (Hunter's Leaze) |
65286 | All interests in 909.4 square metres, or thereabouts, of agricultural land (Nash Lee Road) |
65287 | All interests in 395.6 square metres, or thereabouts, of access track (The Orchard) |
65289 | All interests in 1400.1 square metres, or thereabouts, of public road, verges, access splay and public footpath (ELL/21/1) (Nash Lee Lane) |
65291 | All interests in 13070.3 square metres, or thereabouts, of agricultural land and hedgerow (Hunter's Leaze) |
65292 | All interests in 22964.2 square metres, or thereabouts, of agricultural land (Nash Lee Road) |
65293 | All interests in 672.2 square metres, or thereabouts, of woodland, grassland and access track (The Orchard) |
65294 | All interests in 2432.1 square metres, or thereabouts, of agricultural land (Nash Lee Road) |
65295 | All interests in 48746.1 square metres, or thereabouts, of agricultural land, hedgerows and public footpath (ELL/20/1) (Nash Lee Farm) |
65296 | All interests in 3035.7 square metres, or thereabouts, of woodland, grassland, access tracks and public footpath (ELL/20/1) (The Orchard) |
65297 | All interests in 260.8 square metres, or thereabouts, of agricultural land and public footpath (ELL/20/1) (Nash Lee Farm) |
65298 | All interests in 72.8 square metres, or thereabouts, of river, bed and banks thereof, and footbridge (Stoke Brook) |
65299 | All interests in 40742.6 square metres, or thereabouts, of agricultural land, hedgerows, ponds, access tracks, river, bed and banks thereof (Stoke Brook) and public footpaths (WEN/4/2, SMA/6/1 and ELL/20/1) (Hunter's Leaze) |
65304 | All interests in 53702.5 square metres, or thereabouts, of agricultural land, hedgerows, access track, drains, river, bed and banks thereof (Stoke Brook) and public footpath (SMA/5/1) (Risborough Road) |
69562 | All interests in 3106.3 square metres, or thereabouts, of agricultural land (Craycraf Farm) |
69563 | All interests in 417.4 square metres, or thereabouts, of agricultural land and woodland (Stoke Grove Farm) |
69564 | All interests in 253.8 square metres, or thereabouts, of river, bed and banks thereof (Stoke Brook) |
69566 | All interests in 903.0 square metres, or thereabouts, of woodland (London Road) |
69573 | All interests in 254.6 square metres, or thereabouts, of access track and hardstanding (Nash Lee Road) |
69574 | All interests in 45.8 square metres, or thereabouts, of access track (Nash Lee Road) |
69575 | All interests in 208.4 square metres, or thereabouts, of access track (Hunter's Leaze) |
69576 | All interests in 192.4 square metres, or thereabouts, of agricultural land (Hunter's Leaze) |
69818 | All interests in 856.3 square metres, or thereabouts, of access track and verges (Craycraf Farm) |
69819 | All interests in 1829.1 square metres, or thereabouts, of agricultural land and hedgerow (Nash Lee Road) |
70596 | All interests in 3.5 square metres, or thereabouts, of footway and hedgerow (Ellesborough Road) |
70597 | All interests in 5.5 square metres, or thereabouts, of footway and hedgerow (Ellesborough Road) |
70598 | All interests in 202.5 square metres, or thereabouts, of verges, woodland and access track carrying public footpath (WEN/6/3) (Ellesborough Road) |
70599 | All interests in 582.2 square metres, or thereabouts, of access track and verges carrying public footpaths (WEN/6/2, WEN/6/3, WEN/11/1 and WEN/11/2), woodland and access splay (Ellesborough Road) |
70600 | All interests in 37.1 square metres, or thereabouts, of footway and hedgerow (Ellesborough Road) |
70789 | All interests in 9.9 square metres, or thereabouts, of woodland (Nash Lee Road) |
71199 | All interests in 63.2 square metres, or thereabouts, of river, bed and banks thereof (Stoke Brook) |
71200 | All interests in 0.3 square metres, or thereabouts, of river, bed and banks thereof (Stoke Brook) |
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 19 November 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 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 ………………………………………………………………………..
C212_110
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.