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 (WEST MIDLANDS - CREWE) ACT 2021High Speed Rail (West Midlands - Crewe) Act 20212021-02-112022-12-09TSO (The Stationery Office), customer.services@thegazette.co.uk423430163900

HIGH SPEED RAIL (WEST MIDLANDS - CREWE) ACT 2021

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 (West Midlands - Crewe) Act 2021 ("the High Speed Rail Act") received Royal Assent on 11 February 2021.

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 2a 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

BOROUGH OF NEWCASTLE-UNDER-LYME

(1) Plot No. (2) Description
125123 All interests in 19.90 square metres, or thereabouts, of access splay (Bent Lane)
125125 All interests in 5119.30 square metres, or thereabouts, of public road, verges and access splays (A53)
125444 All interests in 41500.38 square metres, or thereabouts, of agricultural land, hedgerow and copse (Bent Lane)
125446 All interests in 244.72 square metres, or thereabouts, of agricultural land (Heath Road)
125448 All interests in 11.90 square metres, or thereabouts, of access splay (Birch Tree Lane)
125451 All interests in 315.42 square metres, or thereabouts, of agricultural land and access track carrying public footpath (Whitmore 4), (Heath Road)
125452 All interests in 17761.32 square metres, or thereabouts, of agricultural land and woodland (Snape Hall Road)
125461 All interests in 26845.36 square metres, or thereabouts, of agricultural land (Coneygreave Lane)
125462 All interests in 2584.74 square metres, or thereabouts, of agricultural land and hedgerow (Coneygreave Lane) excluding any interests held by Secretary of State for Transport
125467 All interests in 529.09 square metres, or thereabouts, of woodland (Birch Tree Lane)
126700 All interests in 7288.54 square metres, or thereabouts, of public road and verges (Bent Lane)
126710 All interests in 1539.37 square metres, or thereabouts, of public road, access splay and verges (Snape Hall Road)
126711 All interests in 307.68 square metres, or thereabouts, of public road and verges (Common Lane)
126739 All interests in 210.36 square metres, or thereabouts, of agricultural land, access track and verges (Common Lane)
126740 All interests in 10.39 square metres, or thereabouts, of agricultural land and verge (Coney Greave)
127833 All interests in 2771.88 square metres, or thereabouts, of agricultural land and hedgerow (Bent Lane)
127834 All interests in 971.64 square metres, or thereabouts, of agricultural land, watercourse (Meece Brook) and copse (Bent Lane)
127837 All interests in 3949.62 square metres, or thereabouts, of agricultural land and copse (Snape Hall Road)
127838 All interests in 1249.67 square metres, or thereabouts, of public road and verges (Snape Hall Road)
128482 All interests in 514.55 square metres, or thereabouts, of agricultural land and copse (Coneygreave Lane)
128484 All interests in 3361.37 square metres, or thereabouts, of public road, verges and access splays (A53)
128486 All interests in 8.99 square metres, or thereabouts, of agricultural land and woodland (Snape Hall Road)
128488 All interests in 525.40 square metres, or thereabouts, of agricultural land (Coneygreave 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 (West Midlands - Crewe) Act 2021 (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 09 December 2022

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 ………………………………………………………………………..

A104_857

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 buildi ng society and roll number).

1 Phase 2a Purposes has the meaning given by section 61 of the High Speed Rail Act.

2 Section 3A of the 1981 Act as inserted by paragraph 3(a) of Schedule 7 to the High Speed Rail Act.

3 As inserted by paragraph 3 of Schedule 7 to the High Speed Rail Act.

4 As inserted by paragraph 3 of Schedule 7 to the High Speed Rail Act.

5 Schedule A1 to the 1981 Act as amended by paragraph 3(e) of Schedule 7 to the High Speed Rail Act and paragraph 3 of Schedule 9 to the High Speed Rail Act.

6 Section 9 of the 1981 Act as modified by paragraph 3(d) of Schedule 7 to the High Speed Rail Act.

7 Section 3A of the 1981 Act as inserted by paragraph 3(a) of Schedule 7 to the High Speed Rail Act.