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THE A138 (REPLACEMENT CHELMER VIADUCT) COMPULSORY PURCHASE ORDER (NDD NO. 07) 2014 NOTICE OF INTENTION TO MAKE A GENERAL VESTING DECLARATION

Notice ID: MF0225828

Notice effective from
13th July 2017 to 12th August 2017

highways england
THE A138 (REPLACEMENT CHELMER VIADUCT) COMPULSORY PURCHASE ORDER (NDD NO. 07) 2014 NOTICE OF INTENTION TO MAKE A GENERAL VESTING DECLARATION
By the A138 (Replacement Chelmer Viaduct) Compulsory Purchase Order (NDD NO. 07) 2014 (the "Compulsory Purchase Order"), Highways England Company Limited (Company Number 09346363) ("Highways England") is authorised to acquire land and interests in land for the purpose of the construction of a new trunk road and viaduct in the Borough of Chelmsford and Parish of Springfield in the County of Essex. Highways England now intends to acquire land and/or rights described in the Schedule below by the execution of a General Vesting Declaration that will have the effect of transferring that land and/or those interests in the land to Highways England in accordance with the Compulsory Purchase (Vesting Declarations) Act 1981, which prescribes vesting procedures for land subject to powers of compulsory acquisition.
Notice is hereby given in accordance with section 3 of the Compulsory Purchase (Vesting Declarations) Act 1981, of the intention of Highways England to make a General Vesting Declaration vesting the land and rights described in the Schedule below in itself at the expiration of a period of not less than two months from the publication of this notice. The following paragraphs contain a statement of the effect of Parts II and III of the Compulsory Purchase (Vesting Declarations) Act 1981 (see Part 1 below), and an invitation to give information to Highways England in respect of the land identified in the Schedule (see Part 2 below).
FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 PART 1
Power to make general vesting declaration
1. Highways England may acquire any of the land described in the Schedule below by making a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. This has the effect, subject to paragraph 4 below, of vesting the land in Highways England at the end of the period mentioned in paragraph 2 below. A declaration may not be made before the end of a period of two months from the first publication of a notice which includes this statement except with the consent in writing of every occupier of the land affected.

Notices concerning general vesting declaration
2. As soon as may be after Highways England make 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 3) 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 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 Highways England together with the right to enter on the land and take possession of it. Every person on whom Highways England 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 3) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

Modifications with respect to certain tenancies
3. 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", 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 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.

4. The modifications are that Highways England may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 3 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 14 days 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.

SCHEDULE
LAND COMPRISED IN THE COMPULSORY PURCHASE ORDER AS MADE DESCRIPTION OF LAND TO BE ACQUIRED
5A
25 square metres
Watermeadows east of A138 Chelmer Road and north of the A1114 Baddow Bypass
5B
19 square metres
Watermeadows east of A138 Chelmer Road and north of the A1114 Baddow Bypass
5C
15 square metres
Watermeadows east of A138 Chelmer Road and north of the A1114 Baddow Bypass
5D
13 square metres
Watermeadows east of A138 Chelmer Road and north of the A1114 Baddow Bypass
5E
14 square metres
Watermeadows east of A138 Chelmer Road and north of the A1114 Baddow Bypass
5F
17 square metres
Watermeadows east of A138 Chelmer Road and north of the A1114 Baddow Bypass
5G
18 square metres
Watermeadows east of A138 Chelmer Road and north of the A1114 Baddow Bypass
5H
26 square metres
Watermeadows east of A138 Chelmer Road and north of the A1114 Baddow Bypass
5k
4963 square metres
Rough grassland south of A138 Chelmer Road and north of the A1114 Baddow Bypass
5L
1308 square metres
Rough grassland south of A138 Chelmer Road and north of the A1114 Baddow Bypass
5M
640 square metres
Rough grassland south of A138 Chelmer Road and north of the A1114 Baddow Bypass
5N
626 square metres
Rough grassland south of A138 Chelmer Road and north of the A1114 Baddow Bypass
5R
51 square metres
Rough grassland north of A138 Chelmer Road and east of the Army and Navy Roundabout
Plot number (as shown on the Land Plans relating to the Compulsory Purchase Order as made)
Rights to be acquired if a general vesting declaration is made (rights as described in the Schedule to the Compulsory Purchase Order as made)
1F
The right to enter on 3620 square meters of watermeadows and rough grassland to the east of A138 Chelmer Road and north of the River Chelmer for all purposes connected with the construction and maintenance of a river bridge and divert existing shallow drainage channel
1R
The right to enter on 1121 square meters of watermeadows and part of public footpath to the east of A138 Chelmer Road and north of the River Chelmer for all purposes connected with the construction and maintenance of a river bridge and divert existing shallow drainage channel
1S
The right to divert 100 linear metres of shallow drainage channel in 1168 square meters of watermeadows to the east of A138 Chelmer Road and north of the River Chelmer
1T
The right to clean and regrade 205 linear metres of shallow drainage channel in 2258 square metres of watermeadows to the east of A138 Chelmer Road and north of the River Chelmer
4A
The right to enter on 847 square metres of the River Chelmer, including its banks and towing path and part of public footpath to the east of A138 Chelmer Road for all purposes connected with the construction and maintenance of a river bridge
4B
The right to clean and regrade existing shallow drainage channel in 111 square metres of the watermeadows including half width of the River Chelmer to the east of A138 Chelmer Road and south of Chelmer Village Way
5
The right to enter on 3682 square metres of watermeadows and rough grassland to the east of A138 Chelmer Road and north of the A1114 Baddow Bypass for all purposes connected with the construction and maintenance of a river bridge
5J
The right to enter on 473 square metres of rough grassland to the south of A138 Chelmer Road and north of the A1114 Baddow Bypass for all purposes connected with the construction and maintenance of a river bridge
5P
The right to divert 147 linear metres of drainage channel in 1051 square metres of rough grassland south of A138 Chelmer Road and north of the A1114 Baddow Bypass
Plot number (as shown on the Land Plans relating to the Compulsory Purchase Order as made)
Land to be acquired if a general vesting declaration is made (land as described in the Schedule to the Compulsory Purchase Order as made)
1
4091 square metres
Watermeadows and rough grassland to the east of A138 Chelmer Road and south west of Chelmer Village Way
1A
427 square metres
Watermeadows and rough grassland to the east of A138 Chelmer Road and south west of Chelmer Village Way
1B
555 square metres
Watermeadows and rough grassland to the east of A138 Chelmer Road and south west of Chelmer Village Way
1C
1385 square metres
Watermeadows and rough grassland to the east of A138 Chelmer Road and south west of Chelmer Village Way
1D
193 square metres
Watermeadows and rough grassland to the east of A138 Chelmer Road and south west of Chelmer Village Way
1E
470 square metres
Watermeadows and rough grassland to the east of A138 Chelmer Road and north of the River Chelmer
1G
77 square metres
Watermeadows east of A138 Chelmer Road and north of the River Chelmer
1H
77 square metres
Watermeadows east of A138 Chelmer Road and north of the River Chelmer
1J
77 square metres
Watermeadows east of A138 Chelmer Road and north of the River Chelmer
1K
77 square metres
Watermeadows east of A138 Chelmer Road and north of the River Chelmer
1L
77 square metres
Watermeadows east of A138 Chelmer Road and north of the River Chelmer
1M
77 square metres
Watermeadows east of A138 Chelmer Road and north of the River Chelmer
1N
77 square metres
Watermeadows east of A138 Chelmer Road and north of the River Chelmer
1P
77 square metres
Watermeadows east of A138 Chelmer Road and north of the River Chelmer
1U
116 square metres
Watermeadows and rough grassland to the east of A138 Chelmer Road and south west of Chelmer Village Way
1V
60 square metres
Watermeadows and rough grassland to the east of A138 Chelmer Road and south west of Chelmer Village Way
NOTE: If a general vesting declaration were made in respect of the land comprised in the A138 (Replacement Chelmer Viaduct) Compulsory Purchase Order (NDD NO. 07) 2014 (other than land in respect of which notice to treat has been given) every person who would be entitled to claim compensation in respect of any such land is invited to give information to Highways England in the prescribed form with respect to their name and address and the land in question. The relevant prescribed form ("form for giving information") is set out below in Part 2 of this notice.
PART 2
FORM FOR GIVING INFORMATION THE A138 (REPLACEMENT CHELMER VIADUCT) COMPULSORY PURCHASE ORDER (NDD NO. 07) 2014
To: Highways England
Woodlands, Manton Lane, Bedford MK41 7LW
[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 3 of that Act. 1. Name and Address of informant(s) (see note (i) below)
2. Land in which an interest is held by informants) (see note (ii) below)
3. Nature of interest (see note (iii) below)
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.

Dated this 13th day of July 2017 Highways England
Woodlands, Manton Lane, Bedford MK41 7LW

Attachments

MF0225828.pdf Download

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