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FORM OF NOTICE OF MAKING OR CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDER. THE WORCESTERSHIRE COUNTY COUNCIL WORCESTER SOUTHERN LINK ROAD (PHASE 4) COMPULSORY PURCHASE ORDER 2018

Notice ID: MFN0568364

Notice effective from
14th September 2020 to 14th October 2020

FORM OF NOTICE OF MAKING OR CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDER
THE WORCESTERSHIRE COUNTY COUNCIL WORCESTER SOUTHERN LINK ROAD (PHASE 4) COMPULSORY PURCHASE ORDER 2018
The Highways Act 1980
The Acquisition of Land Act 1981
1. Notice is hereby given that the Secretary of State for Transport in exercise of his powers under the above Acts on 4th August 2020 confirmed with modifications The Worcestershire County Council Worcester Southern Link Road (Phase 4) Compulsory Purchase Order 2018 submitted by Worcestershire County Council
2. The order as confirmed provides for the purchase for the purpose of construction of Phase 4 of the Southern Link Road, Worcester of the land and the new rights described in Schedule l hereto.
3. A copy of the order as confirmed by the Secretary of State for Transport and of the map referred to therein have been deposited at The Hive, Sawmill Walk, The Butts, Worcester WR1 3PD and may be seen at all reasonable hours or, alternatively, those items may be downloaded at http:/ /www.worcestershire.gov. uk/slr4
4. The order as confirmed becomes operative on the date on which this notice is first published. A person aggrieved by the order may, by application to the High Court within 6 weeks from that date, challenge its validity under section 23 of the Acquisition of Land Act l 981. The grounds for challenge can be that the authorisation granted by the order is not empowered to be granted or that there has been a failure to comply with any relevant statutory requirement relating to the order.
5. Once the order has become operative, Worcestershire County Council may acquire any of the land described in Schedule l below by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. A statement on the effect of Parts II and Ill of that Act is set out in Schedule 2 below.
6. Every person who, if a general vesting declaration were executed under section 4 of that Act in respect of the land comprised in the order (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 Worcestershire County Council at County Hall, Spetchley Road, Worcester WR5 2NP (reference L&G/ TMC/266/3004) about the person's name, address and interest in land, using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.
SCHEDULE 1
LAND AND THE NEW RIGHTS COMPRISED IN THE ORDER AS CONFIRMED
All interests in 470 square metres of pasture land lying to the south of the A4440 at Hams Way, Powick, Worcester (shown coloured pink and marked as Plot l on the map referred to in the order)
All interests in 500 square metres of pasture land lying to the east of the A449 Malvern Road, Powick, Worcester (shown coloured pink and marked as Plot 2 on the map referred to in the order)
All interests in 9260 square metres of pasture land to the south of the A4440 Temeside Way, Powick, Worcester (shown coloured pink and marked as Plot 3 on the map referred to in the order)
All interests in 1185 square metres of pasture land to the south of the A4440 T emeside Way, Powick, Worcester (shown coloured pink and marked as Plot 4 on the map referred to in the order)
All interests in 10150 square metres of pasture land to the south of the A4440 Temeside Way, Powick, Worcester (shown coloured pink and marked as Plot 5 on the map referred to in the order)
All interests in 1245 square metres of pasture land to the south of the A4440 Temeside Way, Powick, Worcester (shown coloured pink and marked as Plot 6 on the map referred to in the order)
All interests in 2030 square metres of arable land to the south of the A4440 Temeside Way, Powick, Worcester (shown coloured pink and marked as Plot 7 on the map referred to in the order)
WORCESTERSHIRE COUNTY COUNCIL
All interests in 360 square metres of land at and above the bed of the River Severn (shown coloured pink and marked as Plot 8 on the map referred to in the order) All interests (other than those of the Acquiring Authority) in 4440 square metres of land (being part river bank and part ancillary parking for the adjacent caravan park) to the east of the River Severn adjacent to Carrington Bridge (shown coloured pink and marked as Plot 16 on the map referred to in the order)
The right to use 90 square metres of land at and above the bed of the River Severn as a construction working area and for access purposes in connection with the maintenance of Carrington Bridge (shown coloured blue and marked as Plot 23 on the map referred to in the order)
The right to use 240 square metres of land at and above the bed of the River Severn as a construction working area and as a means of access in connection with the construction of the new Carrington Bridge including highways and drainage adjacent to the existing Carrington Bridge (shown coloured blue and marked as Plot 24 on the map referred to in the order)
All interests in 955 square metres of pasture land to the north of Powick Common Viaduct (shown coloured pink and marked as Plot 26 on the map referred to in the order)
All interests in 2160 square metres of pasture land lying to the south of the A4440 Hams Way, Worcester (shown coloured pink and marked as Plot 29 on the map referred to in the order)
All interests in 1620 square metres of pasture land lying to the south of the A4440 Hams Way, Worcester (shown coloured pink and marked as Plot 30 on the map referred to in the order)
All interests in 580 square metres of pasture land lying to the north of the A4440 Temeside Way adjacent and below Powick Common Viaduct (shown coloured pink and marked as Plot 37 on the map referred to in the order)
The right to use 90 square metres of land at and above the bed of the River Severn as a construction working area and for access purposes in connection with the maintenance of Carrington Bridge (shown coloured blue and marked Plot 42 on the map referred to in the order) All interests (other than those of the Acquiring Authority) in 360 square metres of land at and above the bed of the River Severn (shown coloured pink and marked as Plot 43 on the map referred to in the order)
The right to use 240 square metres of land at and above the bed of the River Severn as a construction working area and as a means of access for the future maintenance of the new Carrington Bridge (shown coloured blue and marked Plot 44 on the map referred to in the order)
SCHEDULE 2
FORM OF STATEMENT OF EFFECT OF PARTS II AND Ill OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Power to execute a general vesting declaration
1. Once the Worcestershire County Council Worcester Southern Link Road (Phase 4) Compulsory Purchase Order 2018 has become operative Worcestershire County Council (hereinafter called "the Acquiring Authority") may acquire any of the land described in Schedule l above by making a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("the 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 execute 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 the confirmation 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 in respect of 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 Al to the Act 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 case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a "minor tenancy", ie 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 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 they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with a notice of their intention to enter and take possession after the period (not less than three months from 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.
SCHEDULE 3
The Worcestershire County Council Worcester Southern Link Road (Phase 4) Compulsory Purchase Order 2018 To:
Worcestershire County Council
[I] [We] being a [person] [persons] who, if a general vesting declaration were made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all 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 15 of, or paragraph 6 of Schedule l, to the Acquisition of Land Act 1981 Act
1. Name and address of informant(s) (i) _________
2. Land in which an interest is held by informant(s) (ii) _________
3. Nature of interest (iii) _________
Signed _________
[on behalf of] _________
Date _________
(i) In the case of a joint interest insert the names and addresses of all the informants
(ii) The land should be described concisely
(iii) 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 incumbrance, details should be given, e.g. name of building society and roll number
Date 14th September 2020
Abraham Ezekiel
Assistant Director for Legal and Governance Worcestershire County Council
www.worcestershire.gov.uk


 


 


 

Attachments

MFN0568364.pdf Download

Worcestershire County Council

County Hall , Spetchley Road , Worcester , Worcestershire , WR5 2NP

http://www.worcestershire.gov.uk 01905 763 763

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