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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 SOUTHERN LINK ROAD (WORCESTER) COMPULSORY PURCHASE ORDER 2015 The Highways Act 1980 The Acquisition of Land Act 1981

Notice ID: MF0191788

Notice effective from
21st December 2016 to 20th January 2017

WORCESTERSHIRE COUNTY COUNCIL
FORM OF NOTICE OF MAKING OR CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDER THE WORCESTERSHIRE COUNTY COUNCIL SOUTHERN LINK ROAD (WORCESTER) COMPULSORY PURCHASE ORDER 2015 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 30th November 2016 confirmed with modifications The Worcestershire County Council Southern Link Road (Worcester) Compulsory Purchase Order 2015 submitted by Worcestershire County Council
2. The order as confirmed provides for the purchase for the purposes of the improvement of the A4440 Worcester Southern Link Road, Worcester ofthe land and the new rights described in the Schedule hereto.
3. A copy of the order as confirmed by the Secretary of State for Transportand ofthe map referred to therein have been deposited at County Hall, Spetchley Road, Worcester WR5 2NP and may be seen at all reasonable hours.
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 1981. The grounds for challenge can be that the authorisation granted by the order is not empowered to be granted or that there has been afailure to complywith anyrelevantstatutoryrequirement relating to the order.
SCHEDULE LAND AND THE NEWRIGHTS COMPRISED IN THE ORDER AS CONFIRMED
All Interests in 1329 square metres of agricultural land on the North side of Taylors Lane Norton Worcester (shown coloured pink and marked as Plot1 on the map referred to in the order) All interests in 75 square metres of agricultural land on the south side of Broomhall Way Broomhall, Worcester (shown coloured pink and marked as Plot2 on the map referred to in the order)
All interests in 6670 square metres of agricultural land on the south side of Broomhall Way Broomhall, Worcester (shown coloured pink and marked as Plot3 on the map referred to in the order)
All interests in 59 square metres of land on the north side of Crookbarrow Way, Norton, Worcester (shown coloured pink and marked as Plot4 on the map referred to in the order)
All interests in 101 square metres of land on the south side of CrookbarrowWay, Norton, Worcester, being partofthe approaches to the Battenhall RailwayBridge (shown coloured pink and marked as Plot
5a on the map referred to in the order)
All interests in 87 square metres of land on the south side of CrookbarrowWay, Norton, Worcester, being partofthe approaches to the Battenhall RailwayBridge (shown coloured pink and marked as Plot 5b on the map referred to in the order)
The right in respect of 902, 157, 173 and 900 square metres of land respectively to construct a bridge to carry the Oxford, Worcester and Wolverhampton railway over the A4440 as improved and to carry out works to the existing Battenhall Railway Bridge (shown coloured blue and marked as Plots 5c, 5d, 5e and 5frespectively on the map referred to in the order)
All interests in 4731 square metres of agricultural land being part of Upper Battenhall Farm, Norton, Worcester, WR7 4RU (shown coloured pink and marked as Plot 6a on the map referred to in the order) Permanent rights in 2570 and 4083 square metres respectively of agricultural land being part of Upper Battenhall Farm, Norton, Worcester, WR7 4RU, for the purposes of access to carry out works (shown coloured blue and marked as Plots 6b and 6c respectively on the map referred to in the order)
All such rights to which the Owners or the Owners' nominee are entitled to cross with or without vehicles or animals over 207 square metres of land forming an accommodation bridge crossing the A4440 (shown coloured blue and marked as Plot6d on the map referred to in the order)
All interests in 235 square metres of agricultural land being part of Upper Battenhall Farm, Norton, Worcester WR7 4RU (shown coloured pink and marked as Plot 6e on the map referred to in the order) All interests in 4710and 2538 square metres respectivelyofagricultural land on the south side of Broomhall Way Broomhall, Worcester (shown coloured pink and marked Plots 7a and 7b respectively on the map referred to in the order)
FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORYPURCHASE
(VESTING DECLARATIONS) ACT 1981 Power to make general vesting declaration
1. Worcestershire County Council (hereinafter called "the Acquiring Authority") may acquire any of the land described in the Schedule above bymaking ageneral vestingdeclaration under section 4 ofthe Compulsory Purchase (Vesting Declarations) Act 1981. This has the effect, subject to paragraph 4 below, of vesting the land in the AcquiringAuthorityatthe end ofthe period mentioned in paragraph 2 below. A declaration may notbe made before the end ofa period of two months from the first publication of a notice which includes this statement except with the consent in writing ofevery occupier of the of the land affected
Notices concerning general vesting declaration
2. As soon as may be after the Acquiring Authority make a general vesting declaration, theymustserve notice ofiton every occupier of any of the land specified in the declaration (except land where there is one ofthe tenancies described in paragraph 3) and on everyperson who gives them information relating to the land in pursuance ofthe invitation contained in any notice. When service of notices of the general vesting declaration is completed a further period begins to run. This period, which must not be less than 28 days, will be specified in the declaration. On the first day after the end of this period ("the vesting date") the land described in the declaration will, subject to what is said in paragraph 4, 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 3) will be entitled to claim compensation for the acquisition of his interest in the land, with intereston the compensation from the vesting date.

Modifications with respect to certain tenancies
3. 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 atenancyfor ayear or ayearlytenancyor alesser 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.

4. The modifications are that the Acquiring Authority may not exercise the rightofentryreferred to in paragraph 2 in respectofland subject to a tenancy described in paragraph 3 unless they first serve notice to treat in respect ofthe tenancy and then serve every occupier of the land with anotice oftheir intention to enter and take possession after the period (not less than 14 days 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 tenancyuntil the end ofthatperiod or until the tenancycomes to an end, whichever happens first.

Note
The acquiring authority are obliged by section 3(1) of the Compulsory Purchase (Vesting Declarations) Act 1981 to include in the notice of confirmation of the compulsory purchase order or a subsequent notice:-
(i) a statement of the effect of Parts II and III of the Act in a prescribed form; and

(ii) a notification to the effect that every person who, if a general vesting declaration were made in respect all the land comprised in the order (other than landin respect ofwhich 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 authority making the declaration in the prescribed form with respect to his name and address and the land in question.

The relevant prescribed form is set out below
The Worcestershire County Council Southern Link Road (Worcester)
Compulsory Purchase Order 2015
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 ofsection 3 ofthat Act 1. Name and address ofinformant(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 joint tenants 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 ofbuildingsocietyandroll number

SIMON MALLINSON, Head of Legal and Democratic Services, Worcestershire County Council 21stDecember 2016

www.worcestershire.gov.uk

Attachments

MF0191788.pdf Download

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