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Notice of Authorisation of Compulsory Acquisition under Section 134(7) of the Planning Act 2008

Notice ID: BOU1912131

Notice effective from
4th February 2021 to 6th March 2021

Notice of Authorisation of Compulsory Acquisition under Section 134(7) of the Planning Act 2008
THE A303 SPARKFORD TO ILCHESTER DUALLING DEVELOPMENT CONSENT ORDER 2021
For the attention of persons occupying or having an interest in the land described below.
NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION

The above order, made under the Planning Act 2008 by the Secretary of State for Transport on 29 January 2021 and published on 29 January 2021, includes provision authorising the compulsory acquisition of land, existing rights over land, and of a right over land by creating a new right over it as described in Schedule 1.
The Order includes provision authorising the acquisition for the purpose of constructing a continuous dual carriageway on the A303 linking the Podimore Roundabout and the Sparkford Bypass. A copy of the order has been made available at the following website:

https://infrastructure.planninginspectorate.gov.uk/projects/south-west/a303-sparkford-to-ilchester-dualling

.
A hardcopy of the order may be obtained by writing to A303 Sparkford to Ilchester Project Team, Highways England,
Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6HA.
A person aggrieved by the order may challenge the order only in accordance with section 118 of the Planning Act 2008, which stipulates that any proceeding must be brought by filing a claim form for judicial review before the end of the period of 6 weeks beginning with the day after the day on which the order was published (or, if later, the day on which the statement of reasons for making the order was published).
Once the provision in the order authorising compulsory acquisition comes into force Highways England may acquire any of the land (including any existing rights and/or new rights) described in Schedule 1 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 2 and 3 of that Act is set out in Schedule 2.
Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give Highways England at:
Write: A303 Sparkford to llchester Project Team, Highways England, 2/07K Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6HA
Email:

A303Sparkfordtollchesterdualling@highwaysengland.co.uk


Phone: 0300 123 5000
Information about the person's name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3.
Schedule 1
Description of the land, existing rights and the new rights
The Order land (as defined in Article 2 of the Order) is shown on the land plans (as defined in Article 2 of the Order) and described in the deposited book of reference (as defined in Article 2 of the Order) within the parishes of Sparkford, West Camel and Queen Camel in the county of Somerset. This notice relates to so much of the Order land is shown on the land plans shaded pink (freehold to be compulsorily acquired and in relation to which it is proposed to extinguish easements, servitudes and other private rights) and shaded blue (rights (including restrictions) to be compulsorily acquired and new rights to be created (including to be imposed) and in relation to which it is proposed to suspend or extinguish easements, servitudes and other private rights) (the land subject to powers of compulsory acquisition).
The Order grants Highways England compulsory acquisition powers over the Order land and such rights over the Order land may be required for any purpose for which that land may be acquired under article 23 (compulsory acquisition of land) of the Order, by creating them as well as acquiring rights already in existence. The Order grants Highways England powers to compulsory acquire rights and create new rights in the land, including for the benefit of the public or other parties. The Order also authorises interference with existing rights and the breach of existing restrictive covenants over the land described and provides for the extinguishment, temporary suspension or discharge of such rights or restrictive covenants.
In the case of the Order land specified in column (1) of Schedule 5 (lands in which only new rights etc. may be permanently acquired) of the Order, Highways England's powers of compulsory acquisition are limited to the creation of such new rights in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Schedule.
In accordance with article 26 of the Order, where Highways England acquires a right over land, Highways England is not required to acquire a greater interest in that land.
The new rights to be created and restrictions to be imposed relate to: (1) Rights to enter onto parts of the Order land to install, use and maintain services and drainage,(and any ancillary apparatus); (2) Rights of access and rights to construct and improve new and existing accesses and create new rights of way; (3) Rights to install and maintain landscaping and ecological measures; and (4) Imposition of the restrictions as is necessary in order to protect the services, drainage, landscaping rights of way and ecological measures and any ancillary apparatus.
Highways England may also temporarily use the Order land to carry out the authorised development (as defined in Article 2 of the Order) pursuant to Article 33 of the Order and may temporarily use the Order land to maintain the authorised development pursuant to Article 34 of the Order.
Schedule 2
Statement on the effect of parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981
Power to execute a general vesting declaration
1. Once the provision in the A303 Sparkford to llchester Dualling Development Consent Order 2021 which authorises compulsory acquisition comes into force, the acquiring authority (hereinafter called Highways England) may acquire any of the land (including any existing rights and / or new rights) described in Schedule 1 above by executing 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 Highways England at the end of the period mentioned in paragraph 2 below. Notices concerning general vesting declaration

2. As soon as may be after Highways England 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 notice of the authorisation of compulsory acquisition. 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 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 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 the 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 A1 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 the case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a "minor tenancy", i.e. 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.

5. 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 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 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 3
Form for giving information
A303 Sparkford to llchester Dualling Development Consent Order 2021
To: Highways England
[l][We](........................................) being [a person][persons](de/e(e as applicable) who, if a general vesting declaration were executed
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] (delete as applicable) that land, give you the following information, pursuant to section 134(7)(cza) of the Planning Act 2008.
1. Name and address of informant(s) (i)..........................................................

2. Land in which an interest is held by informants) (ii)................................

3. Nature of interest (iii).......................................................................................

Signed
On behalf of...........................................................................................................
Date.........................................................................................................................
(i)ln the case of a joint interest insert the names and addresses of all the informants (ii)The land should be described concisely
(iii)lf the land is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other encumbrance, details should be given, e.g. name of building society and roll number.

Attachments

BOU1912131.pdf Download

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