NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008 THE A303 (AMESBURY TO BERWICK DOWN) DEVELOPMENT CONSENT ORDER 2020Notice ID: MFN0587189
NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008 THE A303 (AMESBURY TO BERWICK DOWN) DEVELOPMENT CONSENT ORDER 2020 Notice of authorisation of compulsory acquisition
The above Order, made under the Planning Act 2008 by the Secretary of State for Transport and published on 12 November 2020, Includes provision authorising the compulsory acquisition of land, of existing rights over land, and of rights over land by creating new rights over It as described in Schedule 1 to this notice.
The Order includes provision authorising the acquisition for the purpose of the construction, operation and maintenance of the A303 Amesbury to Berwick Down scheme, comprising a two-lane dual carriageway on the A303 trunk road between Amesbury and Berwick Down in Wiltshire ("the Scheme"). The Scheme, defined in article 2 of the Order as the "authorised development", would be approximately 8 miles (13km) long and would Include the following key components:
a) A northern bypass of Winterbourne Stoke with a viaduct over the River Till valley;
b) A new junction between the A303 and A360 to the west of and replacing the existing Longbarrow roundabout;
c) A twin-bore tunnel approximately 2 miles (3.3km) long, past Stonehenge; and
d) A new junction between the A303 and A345 at the existing Countess roundabout.
A copy of the Order as made by the Secretary of State for Transport (together with the Secretary of State's Decision Letter and the Examining Authority's Report of Recommendation), and a copy of the land plans and the book of reference referred to In the Order, together with Highways England's Statement of Reasons in support of the Order, can be viewed online, free of charge, on the A303 Amesbury to Berwick Down Scheme project page of the National Infrastructure Planning website: https://lnfrastructure.planninginspectorate.gov.uk/projects/south-west/a303-stonehenge/?ipcsection=docs
If the restrictions Imposed by the Government In response to coronavirus (COVID-19) are lifted and libraries are open, hard copies will be available as soon as practicable at Salisbury and Trowbridge Libraries. Opening times may be subject to change (please check directly with Salisbury and Trowbridge Libraries).
Please observe the latest Government guidance and laws In force If planning to visit a venue to inspect the documents. Do not visit if you are unwell, have symptoms of coronavirus, or have recently been in contact with someone with coronavirus.
Salisbury Library, Market Place, Salisbury, SP1 1BL (Phone: 01722 324145)
Please check with Salisbury Library directly.
Trowbridge Library Ground Floor, County Hall, Bythesea Road, Trowbridge. BA14 8JN (Phone: 01225 716700)
Please check with Trowbridge Library directly.
Electronic copies on USB of the documents can be provided free of charge on request by:
- Email: A303Stonehenge@highwaysengland.co.uk;
- Post: A303 Stonehenge Project, Highways England, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6HA; or
- Telephone: 0300 123 5000.
You can request hard copies from Highways England, using the contact details above. When making a request for hard copies, please specify which documents you require (please note that only relevant excerpts of the Land Plans and the Book of Reference will be made available in hard copy) and the address to which you would like them to be delivered.
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 during 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 of 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 'Freepost WSP' information about the person's name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3.
Description of the land, existing rights and the new rights
The Order land (as defined in article 2 of the A303 (Amesbury to Berwick Down) Development Consent Order 2020 ("the Order")) is shown on the land plans and a short textual description of each numbered plot (as identified on the land plans) is included in the book of reference. The powers of compulsory acquisition authorised by the Order relate to so much of the Order land as is shown shaded pink, hatched pink, shaded blue and shaded grey on the land plans ("the land subject to powers of compulsory acquisition"). The Order land is required to enable the construction, operation and maintenance of the Scheme.
The Scheme is situated within the county of Wiltshire. The A303 is part of a key route between London and Devon, connecting the M3 in the east to the A30 in the west. The part of the A303 route affected by the Scheme begins south east of Yarnbury Castle, near Berwick Down (approximately ordnance survey grid reference SU 040 401) and follows a general west-east alignment similar to the existing A303, but passing to the north of Winterbourne Stoke, for approximately 13 km to finish just east of Solstice Park, Amesbury (approximately ordnance survey grid reference SU 190 424).
In respect of the land subject to powers of compulsory acquisition, Highways England may acquire:
a) so much of the Order land as is specified by article 19 (compulsory acquisition of land) of the Order for the authorised development, or to facilitate it, or as is incidental to it;
b) such rights over the Order land, by creating them as well as by acquiring rights already in existence, as is authorised by article 22 (compulsory acquisition of rights) of the Order;
c) the extinguishment of existing private rights over land acquired and extinguishment of existing rights insofar as their continuance is inconsistent with a right acquired, or a restrictive covenant imposed, under the Order;
d) in the case of the Order land specified in columns (1) and (2) of Schedule 4 to the Order (land in which only new rights, etc. may be acquired), Highways England's powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants as may be required for or in connection with the authorised development for the purposes specified in column (3) of Schedule 4 to the Order in relation to that land, and such rights or restrictive covenants may be acquired for the benefit of Highways England or for the benefit of statutory undertakers or for other persons;
e) so much of the subsoil of and airspace over the land referred to in paragraph (1) of article 19 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land; and
f) in the case of the land specified in columns (1) and (2) of Schedule 6 to the Order (land in which only subsoil or new rights in and above subsoil and surface may be acquired) Highways England's powers of compulsory acquisition under article 19 are limited, by article 27, to the acquisition of such subsoil and of such easements or other new rights, and the imposition of such restrictive covenants, in the remaining subsoil and the surface of the land as may be required for or in connection with the Scheme.
Statement of 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 (Amesbury to Berwick Down) Development Consent Order 2020 ("the Order") 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") as modified by the Order. 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.
David Bullock, Project Manager
For and on behalf of Highways England
Date: 26 November 2020
Form for giving information
The A303 (Amesbury to Berwick Down) Development Consent Order 2020
To: Freepost WSP
[l][We](delete as applicable) being [a person][persons](delete 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.
Name and address of informant(s) (see explanatory note (i) below)
Land in which an interest is held by informant(s) (see explanatory note (ii) below)
Nature of interest (see explanatory note (iii) below)
On behalf of................................................................
GUIDANCE NOTES ON HOW TO COMPLETE THIS FORM
(i) In the case of a joint interest insert the names and addresses of all the informants
- 'Informants' means the person(s) completing this form to provide Highways England with information about land ownership/interests in land.
(ii) The land should be described concisely
- It may be helpful to refer to the relevant plot numbers used to identify the land in the Schedule to the above notice.
(iii) If 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.
Highways England, its subsidiaries and service providers, will process your personal information for the purpose of implementing the A303 (Amesbury to Berwick Down) Order 2020, including its compulsory acquisition powers, and to comply with related Government guidelines. Your personal information will be properly safeguarded and processed in accordance with the requirements of privacy and data protection legislation.
To find out more about how Highways England handles personal data please visit www.highwaysengland.co.uk/privacy.