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PRELIMINARY NOTICE (NO. 2) THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 THE M4 MOTORWAY (JUNCTIONS 3 TO 12) (SMART MOTORWAY) DEVELOPMENT CONSENT ORDER 2016 TO: PERSONS HAVING A RELEVANT INTEREST IN THE LAND DESCRIBED IN THE SCHEDULE HERETO SCHEDULE HERETO

Notice ID: MF0404560

Notice effective from
22nd March 2019 to 21st April 2019

PRELIMINARY NOTICE (NO. 2)
THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 THE M4 MOTORWAY (JUNCTIONS 3 TO 12) (SMART MOTORWAY) DEVELOPMENT CONSENT ORDER 2016
TO: PERSONS HAVING A RELEVANT INTEREST IN THE LAND DESCRIBED IN THE SCHEDULE HERETO
1. Highways England Company Limited (hereinafter referred to as "the Undertaker") is authorised pursuant to article 20 of the M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 ("the Order") to acquire compulsorily so much of the Order land1 as is required for the authorised development or to facilitate, or is incidental to, it.

2. Article 24(1) of the Order applies the Compulsory Purchase (Vesting Declarations) Act 1981 ("the 1981 Act") to the Order as if the Order were a compulsory purchase order.

3. Pursuant to section 3(1) of the 1981 Act, as amended by Article 24 of the Order, before making a general vesting declaration under section 4 of the 1981 Act with respect to any land which is subject to a compulsory purchase order, the Undertaker must include the particulars specified in section 3(3) of the 1981 Act in a notice which is: (a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and (b) published in a local newspaper circulating in the area in which the land is situated.

4. Notice is hereby given in accordance with section 3 of the 1981 Act, as amended by Article 24 of the Order, of the intention of the Undertaker to make a general vesting declaration in respect of the land described in the Schedule to this notice.

5. The following paragraphs contain a statement of the effect of Parts II and III of the 1981 Act.

PART 1
STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Power to make general vesting declaration
1. The Undertaker 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 the Undertaker 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.

Notice concerning general vesting declaration
2. As soon as may be after the Undertaker makes a general vesting declaration, it must serve notice of it on every occupier of any land specified in the declaration (except land where there is one of the tenancies described in paragraph 3) and on every person who gives it information relating to the land in pursuance of the invitation contained in any notice. When service of notice 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 Undertaker together with the right to enter on the land and take possession of it. Every person on whom the Undertaker 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 case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a "minor tenancy", that is 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 still has 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 the Undertaker 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 it first serves notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of its 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 the 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.

THE SCHEDULE
Highways and Ways at
public footpath (no 9) below; bridge carrying public road and footways (Sutton Lane) above; bridge carrying private road (Old Slade Lane) and public footpath (no 2) above; culvert carrying river (Colne Brook), bed and banks thereof below; bridges carrying motorway and slip roads (M4 and M25) above railway (Staines-Upon-Thames and West Drayton) works and land; bridges carrying motorway above public footpath (no Y11); bridge carrying public motorway (M4) above and river (Wraysbury River) banks and bed thereof below; bridge carrying public motorway (M4) above river (River Colne) bed and banks thereof; footbridge carrying public footpath (no Y8) above; bridge carrying public road and footways (Harmondsworth Road) above; subway carrying footpath (Sipson Road) below; bridge carrying public motorway (M4) above and slip roads and public road and footway (Holloway Lane, A408) below; bridges carrying public motorway (M4) above and public roads (Tunnel Road East, Tunnel Road West and Stockley Road, A408), and roundabout, verges, hardstanding and verges below; bridge carrying public road and footways (Sipson Road) above; bridge (Harlington Bridge) carrying public road and footways (High Street, A437) above; subway (Fuller Subway) carrying public footpath (no H80) below; subway carrying public footpath (no H67) below; bridge carrying public motorway, verges and embankment and slip roads, above public road and verges (The Parkway, A312), substation and subways carrying cycle paths and public byway (no 56) below; bridge carrying public motorway (M4) above, and slip roads and river (River Crane), bed and banks thereof below; bridge carrying public road and footways (Southall Lane) above. Access road and verge (Dorney Farm); public road, footways, and verges (Lake End Road, B3026); embankment, drain and access tracks (Lake End Road); public road and verges (Huntercombe Lane South); public bridleway (no 49); private road, footways, verges, embankment and stairways (Wood Lane); public bridleway (no 17); public road, verges and central reservation (Tuns Lane, B355); public footpath (no 31); track carrying public footpath (no 32) and cycle path; public road, verge and footways (Slough Road, A322); verge, path, public footpath (no 33A) and cycle path (off Ragstone Road); public road, footways, verges, and drain (Datchet Road, B376); path and stairway carrying public footpath (no 78); public road, footway, verges and drain (Slough Road, B376); public road and verges (The Myrke); private road and verges (unnamed road), cycle path and public footpath (no DATC/1/1); public road, verges, footway and drain (Riding Court Road); private road (unnamed road), verges and access (Riding Court); verges and drain (Major's Farm Road); subway carrying public footpath (no 9); path and public footpath (no 43) and cycle path; public road, footways and verges (Sutton Lane); public footpath (no 2); private road and verges (Old Slade Lane) cycle path and public footpath (no IVE/20/3); path carrying public bridleway (no IVE/31/2) (off Old Slade Lane); verge and overhead electricity lines (off Lakeside Estate); path carrying public footpath (no Y11); path (River Colne); footbridge carrying public footpath (no Y8); High Street, A437; public road and footways (Harmondsworth Road); subway carrying footpath (Sipson Road); subway (Fuller Subway) carrying public footpath (no H80); subway carrying public footpath (no H67); public road and verges (The Parkway, A312) and subways carrying cycle paths and public byway (no 56); public road, verges and central reservation (The Parkway, A312). Railway, (Windsor and Eton Central and Slough), works and land; tunnels carrying railway (Paddington and Heathrow) below M4 public motorway.
Dated: 21 March 2019
Delivery Director
Highways England Company Limited
PART 2
FORM FOR GIVING INFORMATION
Every person who, if a general vesting declaration were made in respect of all 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 the Undertaker in the prescribed form which is set out below.
THE M4 MOTORWAY (JUNCTIONS 3 TO 12) (SMART MOTORWAY)
DEVELOPMENT CONSENT ORDER 2016
To: Highways England Company Limited, Floor 5, 2 Colmore Square, Birmingham B4 6BN
[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 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.
Name and address of informant(s) (i)
Land in which an interest is held by informant(s) (ii)
Description
LAND TO BE ACQUIRED
Land and Premises at
Field, agricultural land and hardstanding (Dorney Farm); field, agricultural land, drain, hedgerow and woodland at Lake End Road; field, agricultural land, scrubland, grassland and gas apparatus at Wood Lane; field, agricultural land, land and woodland (Upton Court Farm); land and woodland off The Myrke; land (103, The Myrke); woodland at Riding Court Road; woodland (Riding Court Farm); land and woodland at Major's Farm Road; land, grassland and woodland off Old Slade Lane; land and woodland (Colne Brook); verge (Wrasbury River); river (River Colne), banks and bed thereof; ditch (Frogs Ditch); substation (The Parkway); river (River Crane), bed and banks thereof.
Highways and Ways at
The M4 public motorway, including verges, embankments, culverts and drains, slip roads, Huntercome Spur, grassy knoll, bridges, overhead electricity lines and gantries above and subways below; bridge carrying public road and footways (Lake End Road, B3026) above; bridge (Oldway Lane Bridge) carrying public bridleway (no 49) above; bridge carrying private road and footways (Wood Lane) and public bridleway (no 17) above; bridges carrying public motorway (M4) and public road (Tuns Lane, A355) below; bridge carrying public motorway (M4) and track carrying public footpath (no 32) and cycle path below; bridge (Windsor Rail Bridge) carrying public motorway (M4) and railway (Windsor and Eton Central and Slough), works and land below; bridge carrying public motorway (M4) and track carrying public footpath (no 33A) and cycle path below; bridge carrying public motorway (M4) and public road and footways (Slough Road, A322) below; bridge carrying public road and footways (Datchet Road, B376) above; footbridge (Recreation Ground Bridge) carrying cycle path and public footpath (no DATC/1/1) above; bridge carrying public road and footways (Riding Court Road) above; footbridge carrying public footpath (no DATC/7/1) above; bridges carrying public road (London Road, A4) above, and subway carrying
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.

1 "Order land" is defined in the Order as "the land shown on the land plans within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference".

Attachments

MF0404560.pdf Download

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