(BRENT CROSSCRICKLEWOOD) COMPULSORY PURCHASE ORDER (NO.3) 2016 THE TOWN AND COUNTRY PLANNING ACT 1990, THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 AND THE ACQUISITION OF LAND ACT 1981Notice ID: MF0279015
THE LONDON BOROUGH OF BARNET
(BRENT CROSSCRICKLEWOOD) COMPULSORY PURCHASE ORDER (NO.3) 2016 THE TOWN AND COUNTRY PLANNING ACT 1990, THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 AND THE ACQUISITION OF LAND ACT 1981
1. Notice is hereby given that the Secretary of State for Housing, Communities and Local Government, in exercise of his powers under the above Acts, on 15th May 2018, confirmed with modifications, The London Borough of Barnet (Brent Cross Cricklewood) Compulsory Purchase Order (No.3) 2016 submitted by the London Borough of Barnet.
2. The Order as confirmed provides for the purchase of the land and the new rights described in Schedule 1hereto for the purposes of facilitating its development, redevelopment and improvement by way of amixed-use scheme comprising commercial, retail, residential, hotel, conference and leisure development; community facilities; car parking, infrastructure, and highway works; new rail station, station buildings, railway sidings, rail stabling facilities and associated rail infrastructure; rail freight facilities; awaste transfer facility; public realm and environmental improvement works, thereby contributing towards the promotion and/or the improvement of the economic, social and environmental well-being
of the area.
3. Acopy of the Order as confirmed by the Secretary of State for Housing Communities and Local Government and of the map referred to therein have been deposited at Barnet House, Planning Reception, 1255 High Road, Whetstone, N20 0EJ,Tel: 0208 359 2000 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. Aperson aggrieved by the Order may, by application to the High Court within 6weeks 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 comply with any relevant statutory requirement relating to the Order.
5. Once the Order has become operative, the London Borough of Barnet may acquire any of the land described in Schedule 1below by executing ageneral vesting declaration under section 4ofthe Compulsory Purchase (Vesting Declarations) Act 1981. Astatement on the effect of Parts 2and 3 of that Act is set out in Schedule 2below.
6. Every person who, if ageneral vesting declaration were executed under section 4ofthat Act in respect of 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 London Borough of Barnet at: Barnet House, 1255 High Road, Whetstone, London N20 0EJ about the person's name, address and interest in land, using aprescribed form. The relevant prescribed form is setout in Schedule 3below.
Dated: 7th June 2018
Jamie Blake, Strategic Director - Environment on behalf of Cath Shaw, Deputy Chief Executive, London Borough of Barnet
LAND AND THE NEW RIGHTS COMPRISED IN THE ORDER
22.63 hectares (55.916 acres) of land in the vicinity of Brent Terrace,
Claremont Way, Cricklewood Depot, Brent Sidings, Edgware Road and
Geron Way, situated within the London Borough of Barnet and
Land and Premises at:-
Land, concrete batching plant and electricity substationatBrent Terrace; Land, scrubland, offices, car park, premises, electricity substation and private access way to the west of Brent Terrace; Offices, storage units, yard, advertising sign, private access road and premises at 106 Brent Terrace;
Private access road, railway,sidings, compound, works and land at Cricklewood Depot;
Waste transfer station, railway,sidings, works and land at Hendon Railhead Transfer Station, Brent Terrace;
Land, scrubland, hardstanding and car park north east of Geron Way; Grassed area off Edgware Road;
Land, warehouse, car park and electricity substation at2Geron Way; Works, land, telecommunications mast and electricity substationsouth of the railway (Cricklewood and Old Oak Common Line) north east of2 Geron Way;
Railway, sidings, works and land at Brent Sidings, east of Edgware Road; Shrubbery,car park and premises at400 Edgware Road; Advertising hoardings, storage yards and premises to the rear of 400 Edgware Road;
Railway, sidings, works and land at Brent Sidings, east of Cricklewood Broadway.
Highways and Ways at:-
Brent Terrace, Claremont Way, footpath leading to Clitterhouse Crescent, Edgware Road and Geron Way.
New Rights (to enable the carrying out and completion of works and subsequent maintenance) over-Railway (Thameslink and Midland Mainline), sidings, works and land (east of 7Geron Way) in connection with the construction and suspension of anew pedestrian bridge over the railway,including rights of access and maintenance, rights in relation to service media; and crane oversailing rights;
Railway,sidings, works and land (Cricklewood and Old Oak Common Line, northeast of 2Geron Way) in connection with the construction and suspension of anew road bridge over the railway,including rights of access and maintenance, rights in relation to service media; and crane oversailing rights;
Railway (Thameslink and Midland Mainline), sidings, works and land (north east of 2Geron Way) in connection with the construction and suspension of anew road bridge over the railway,including rights of access and maintenance, rights in relation to service media; and crane oversailing rights;
Railway,sidings, works and land (Cricklewood Depot, south of Brent Terrace) in connection with works of demolition, construction and maintenance, including rights of access.
FORM OF STATEMENT OF EFFECTOFPARTS 2AND 3OFTHE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 POWER TO EXECUTE AGENERAL VESTING DECLARATION
1. Once The London Borough of Barnet (Brent Cross Cricklewood) Compulsory Purchase Order (No.3) 2016 becomes operative, the London Borough of Barnet (hereinafter called the Acquiring Authority) may acquire any of the land described in Schedule 1above by executing ageneral vesting declaration under section 4ofthe Compulsory Purchase (Vesting Declarations) Act 1981 ("the Act"). This has the effect, subject to paragraphs 3and 5below,ofvesting the land in the Acquiring Authority at the end of the period mentioned in paragraph 2below.
Notices concerning general vesting declaration
2. As soon as may be after the Acquiring Authority execute ageneral 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 Confirmation Notice of the Order. Whenthe service of notices of the general vesting declaration is completed, aperiod 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 3and 5, 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 anotice to treat in respect of his interest in the land (other than atenant 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 adeclaration will be the first day after the end of the period mentioned in paragraph 2above, unless acounter-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 acounter-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. atenancy for ayear or ayearly tenancy or alesser interest, or is a"long tenancy which is about to expire". The latter expression means atenancy granted for an interest greater than aminor tenancy but having on the vesting date aperiod still to run which is not more than the period specified in the declaration for this purpose (which must be more than ayear). In calculating how long atenancy has still to run, where any option to renew or 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 the Acquiring Authority may not exercise the right of entry referred to in paragraph 2inrespect of land subject to atenancy described in paragraph 4unless they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with anotice 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 tothe tenancy until the end of that period or until the tenancy comes toanend, whichever happens first.
SCHEDULE 3 FORM FOR GIVING INFORMATION THE LONDON BOROUGHOFBARNET (BRENT CROSS
CRICKLEWOOD) COMPULSORY PURCHASE ORDER
Brent Cross Cricklewood Programme Director Strategic Planning Regeneration
London Borough of Barnet, Barnet House, 1255 High Road, Whetstone, London N20 0EJ
[I] [We]being [aperson] [persons] who, if ageneral vesting declaration were executed under section 4ofthe Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the compulsory purchase order cited above in respect ofwhich notice to treat has not been given, would be entitled to claim compensation in respect of [all] [part of] that land, giveyou the following information, pursuant to the provisions of section 15 of,orparagraph 6ofSchedule 1, to the Acquisition ofLand Act 1981.
1. Name and address ofinformant(s) (i)
2. Land in which an interest is held by informant(s) (ii)
3. Nature of interest (iii)
[on behalf of]..................................................................................................
(i) In the case of ajoint 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 amortgage or other incumbrance, details should be given, e.g. name of building society and roll number.