COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Notice ID: WAR1625494
NOTICE OF INTENTION TO EXECUTE GENERAL VESTING DECLARATION
COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
THE TRANSPORT FOR GREATER MANCHESTER (LIGHT RAPID TRANSIT SYSTEM) (TRAFFORD PARK EXTENSION) ORDER 2016
By the Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016, Transport for Greater Manchester (TfGM') is authorised to acquire land, interests in land and rights over land for the purposes of constructing the light rail transit system known as the Trafford Park extension and associated works and now intends to acquire the land described in the Schedule below and/or interests in that land and/or rights in that land by the execution of one or more general vesting declarations that will have the effect of transferring the land and/or interests in the land and/or granting rights affecting land to TfGM. In relation toTfGM's intention to execute one or more general vesting declarations, attention is drawn to the Statement of Effect of Parts II and III of the Compulsory Purchase (Vesting Declarations) Act 1981 set out below:
PART 1 OF THIS NOTICE
FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981
Power to make general vesting declarations
1. TfGM may acquire any of the land described in the Schedule below and/or interests in that land and/or rights affecting that land by making one or more general vesting declarations under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. This has the effect, subject to paragraph 4 below of vesting the land and/or interests in the land and/or rights affecting the land in TfGM 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 declarations
2. As soon as may be after TfGM 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 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 and/or interests in the land and/or rights affecting the land described in the declaration willjsubjectto what is said in paragraph 4, vest in TfGM together with the right to enter on the land and take possession of it. Every person on whom TfGM could have served a notice to treat in respect of their interest in land (other than a tenant under one of the tenancies described in paragraph 3) will be entitled to claim compensation for the acquisition of their interest in the land and/or the rights, with interest on the compensation from the vesting date.
As soon as may be after TfGM 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 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 and/or interests in the land and/or rights affecting the land described in the declaration willjsubjectto what is said in paragraph 4, vest in TfGM together with the right to enter on the land and take possession of it. Every person on whom TfGM could have served a notice to treat in respect of their interest in land (other than a tenant under one of the tenancies described in paragraph 3) will be entitled to claim compensation for the acquisition of their interest in the land and/or the rights, 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 TfGM 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 takejossession 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.
THE SCHEDULE
Defined Terms used in this Schedule:
Plot No.
Plot Description
Owners or reputed owners
Lessees or reputed lessees
Occupiers (except tenants for a month or less)
4005
1908.73 Sq. m.
Landscaping to the west side of (Warren Bruce Road), Trafford Park, Manchester
TBC
TBC ENWL
4013
51.24 Sq. m. Hardstanding and telecommunication equipment, (Warren Bruce Road), Trafford Park, Manchester
TBC
Orange EE Limited
TBC Orange EE Limited ENWL
4024
7330.75 Sq. m.
Public highways and footways
(Village way, Europa Way,
Wharfside Way), Trafford Park,
Manchester
TBC
TBC
JCDecaux Limited ENWL
4058
4647.6 Sq. m.
Public highway and footway
(Village way), Manchester
TBC
TBC CCB
4077
138.05 Sq. m. Landscaping, (Village Way), Trafford Park, Manchester
TBC
TBC ENWL
4078
10.01 Sq. m.
Public highway and footway (Village Way), Trafford Park, Manchester
TBC
TBC CCB ENWL
5014
2317.87 Sq. m.
Landscaping and unadopted road to the north of (Village Way), Trafford Park, Manchester
TBC
Unknown Persons
Unknown Persons
CHEP UK Limited Unknown Persons
6059
1888.42 Sq. m.
Public highway and footway
(Parkway), Trafrord Park,
Manchester
TBC MSCC
Unknown Persons
MPL
Unknown Persons
TBC MSCC
Unknown Persons
7035
11.98 Sq. m.
Public highway and footway (Barton Dock Road), Trafford Park, Manchester
TBC
Unknown Persons
Unknown Persons
TBC CCB
JCDecaux Limited Unknown Persons
7039
904.13 Sq. m.
Public highway and footway (Barton Dock Road), Trafford Park, Manchester
TBC
Unknown Persons
Unknown Persons
TBC CCB
JCDecaux Limited Unknown Persons
8010
3154.61 Sq. m.
Public highway and footway
(Barton Dock Road),
Trafford Park, Manchester
excluding elevated pedestrian
footway
TBC
Unknown Persons
Unknown Persons
TBC CCB
JCDecaux Limited Unknown Persons
Term
Meaning
Sq. m.
Square metres
CCB
Clear Channel Banners Limited
ENWL
Electricity North West Limited
MPL
Mainline Pipelines Limited
MSCC
The Manchester Ship Canal Company Limited
Orange
Orange Personal Communications Services Limited
SCPL
Ship Canal Properties Limited
TBC
Trafford Borough Council
Unknown Persons
All persons having any interest in and/or easements and/or other rights over the relevant plot
PART 2
FORM FOR GIVING INFORMATION
Every person who, if a general vesting declaration were made in respect of all the land comprised in this Notice (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 TfGM in the prescribed form which is set out below.
THE TRANSPORT FOR GREATER MANCHESTER (LIGHT RAPID TRANSIT SYSTEM) (TRAFFORD PARK EXTENSION) ORDER 2016
To: Head of Legal Services, Transport for Greater Manchester, 2 Piccadilly Place, Manchester M1 3BG (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 informants) (ii)..........................................................
METROPOLITAN BOROUGH OF TRAFFORD
Plot No.
Plot Description
Owners or reputed owners
Lessees or reputed lessees
Occupiers (except tenants for a month or less)
1013
73.97 Sq. m.
Hardstanding to the north of (Bridgewater Canal) and to the south of (Pomona Strand), Trafford, Manchester
SCPL
Unknown Persons
Unknown Persons
SCPL
Unknown Persons
1027
81.67 Sq. m.
Trafford Road Bridge and
hardstanding beneath Trafford
Road Bridge, Trafford,
Manchester
TBC
TBC
1031
21.37 Sq. m.
Hardstanding to the north east of (Wharf End), Trafford, Manchester
TBC
TBC
3038
520.31 Sq. m.
Landscaping to the west side of (Warren Bruce Road), Trafford Park, Manchester
TBC
TBC ENWL
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.
BDP Pitmans LLP
50 Broadway, London SW1H 0BL
Solicitors and Parliamentary Agents acting for Transport for Greater Manchester 27 February 2020
THIS FORM MUST BE COMPLETED AND RETURNED TO THE HEAD OF LEGAL SERVICES AT TRANSPORT FOR GREATER MANCHESTER ON OR BEFORE 27 MARCH 2020.
Comments