Thames Water Utilities Limited

NOTICE OF PROPOSAL TO ISSUE CERTIFICATES UNDER SECTIONS 131 (4A) AND 132(3) OF THE PLANNING ACT 2008

PLANNING ACT 2008 (AS AMENDED)

DRAFT THAMES WATER UTILITIES LIMITED (THAMES TIDEWAY TUNNEL) DEVELOPMENT CONSENT ORDER 2013

PROPOSED CERTIFICATES IN RESPECT OF COMPULSORY ACQUISITION OF OPEN SPACE AND RIGHTS OVER OPEN SPACE PURSUANT TO SECTION 131(4A) AND SECTION 132(3)

• 1 Thames Water Utilities Limited (“the Applicant”) has made the above application under the Planning Act 2008 (“the Act”) for an order granting development consent for the Draft Thames Water Utilities Limited (Thames Tideway Tunnel) Development Consent Order (“the Order”). If made, the Order will authorise the compulsory acquisition of land and rights, by the creation of new rights (“the Order Rights”), over land forming part of open space as defined in the Act, that is any land laid out as a public garden, or used for the purposes of public recreation, or land being disused burial ground (“the Order Land”).
• 2 The Order will be subject to special parliamentary procedure, to the extent that it authorises the compulsory acquisition of land and rights over land to which section 131 and 132 of the Act applies, unless the Secretary of State issues a certificate in accordance with the provisions of section 131 and 132 of the Act (“the Certificates”). The Secretary of State has been asked by the Applicant to certify that:—
  • i under section 131(4A), that he is satisfied that the Order Land is, or forms part of, an open space, none of the Order Land is a common, or fuel or field garden allotment, there is no suitable land available to be given in exchange for the Order Land or any suitable land available to be given in exchange is available only at prohibitive cost, and it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject to special parliamentary procedure;
  • ii under section 132(3) that he is satisfied that the Order Land, when burdened with the Order Rights, will be no less advantageous than it was before to the following persons:—
  ii under section 132(3) that he is satisfied that the Order Land, when burdened with the Order Rights, will be no less advantageous than it was before to the following persons:—
  • a the persons in whom it is vested,
  • b ther persons, if any, entitled to rights of common or other rights, and
  • c the public.
• 3 The Order Land is described in the Schedule to this Notice and the Order Rights which are to be acquired. On the plan referred to in paragraph 5 below, the Order Land is shown coloured shaded pink for land which is to be compulsorily acquired; shaded purple for land for which rights are to be acquired; and shown shaded pink and striped for foreshore which is to be compulsorily acquired (“the Plan”).
• 4 The Secretary of State is required to give notice of his proposal to issue the Certificates or to direct the Applicant to do so and give any persons interested an opportunity to make representations about the proposal to grant the Certificates in respect of Compulsory Acquisition of Open Space and Rights over Open Space pursuant to Section 131(4A) and Section 132(3) before he reaches a decision. The Applicant hereby gives that notice. Any representations or objections in relation to the proposal to grant the Certificates should be addressed in writing to:—