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THE COUNTY OF HEREFORDSHIRE DISTRICT COUNCIL (SOUTH WYE TRANSPORT PACKAGE - A4194 SOUTHERN LINK ROAD) COMPULSORY PURCHASE ORDER 2018

Notice ID: WOR1085503

Notice effective from
28th March 2019 to 27th April 2019

THE COUNTY OF HEREFORDSHIRE DISTRICT COUNCIL (SOUTH WYE TRANSPORT PACKAGE - A4194 SOUTHERN LINK ROAD) COMPULSORY PURCHASE ORDER 2018

THE HIGHWAYS ACT 1980 AND THE ACQUISITION OF LAND ACT 1981

1. Notice is hereby given that the Secretary of State for Transport in exercise of his power under the above Acts, on 14th March 2019, confirmed with modifications The County of Herefordshire District Council (South Wye Transport Package - A4194 Southern Link Road) Compulsory Purchase Order 2018 submitted by The County of Herefordshire District Council.



2. The Order as confirmed provides for the purchase of the land and new rights described in Schedule 1 for the purposes of:-



(i) the construction of a new highway between the A49 (Ross Road)/B4399 (Rotherwas Access Road] roundabout and the A465 (Abergavenny Road) and between the A465 (Abergavenny Road) and the B4349 (Clehonger Road) in the Parishes of Clehonger and Callow and Haywood Group in the County of Herefordshire;



(ii) the construction of other highways and improvement of existing highways in the vicinity of the route of the above mentioned highway in pursuance of the County of Herefordshire District Council (South Wye Transport Package - A4194 Southern Link Road)(Classified Road)(Side Roads) Order 2018;



(iii) the provision of new means of access to premises in pursuance of the County of Herefordshire District Council (South Wye Transport Package - A4194 Southern Link Road) (Classified Road) (Side Roads) Order 2018;



(iv) the diversion of watercourses and the carrying out of other works on watercourses in connection with the construction and improvement of highways and the provision of new means of access to premises as aforesaid;



(v) the use by the acquiring authority in connection with the construction and improvement of highways and the provision of new means of access to premises as aforesaid;



(vi) the carrying out of drainage works in connection with the construction of the highways; and



(vii) mitigating the adverse effect which the existence or use of the highways proposed to be constructed or improved will have on the surroundings thereof.



3. A copy of the Order as confirmed by the Secretary of State for Transport and of the maps referred to therein have been deposited at the reception desk, Council Offices, Blueschool House, Blueschool Street, Hereford HR1 2LX and may be seen at all reasonable hours. Copies of these documents can also be viewed at https://www.herefordshire.qov.uk/info/200196/roads/252/hereford 2020/5.



4. The Order as confirmed becomes operative on the date on which this notice is first published. A person aggrieved by the Order may, by application to the High Court within 6 weeks 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 a failure to comply with any relevant statutory requirements relating to the Order.



5. Once the Order has become operative The County of Herefordshire District Council may acquire any of the land 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 below.



6. Every person who, if a general vesting declaration were executed under Section 4 of that 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 County of Herefordshire District Council at Finance Legal and Democratic Services, Plough Lane Offices, Plough Lane, Hereford HR4 OLE (Ref: DLE/005340) about the person's name, address, and interest in the land using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.



SCHEDULE 1

The land comprised in each item below is identified on the map referred to in the Order by means of the number or numbers against that item below

LAND TO BE ACQUIRED

In the Parish of Clehonger in the County of Herefordshire

1 1436.86 square metres of Public highway and grass verge known as B4349, north east of Dunan Lodge, Clehonger Road, Hereford



2 1856.32 square metres of Public highway and verge known as B4349 Clehonger Road, Hereford from the junction with Copper Beeches leading north east to Forest View, Hereford



3 4294.07 square metres of Arable land east of Dunan Lodge and south of Copper Beeches, B4349 Clehonger Road HR2 9SF



3A 32.48 square metres of Part of access to Arable land, south of Copper Beeches, Hereford

4 5673.56 square metres of Arable land south east of Copper Beeches and B4349 Clehonger Road, Hereford, HR2 9SF



5 359.16 square metres of Public highway known as Golden Post Road, south of B4349 Clehonger Road leading to Pykeways from the junction with Copper Beeches, Hereford



5A 157.17 square metres of Access Road, south of B4349 Clehonger Road and fronting Pykeways, Allensmore, HR2 9AA

6 149.66 square metres of Land to the rear of Pykeways, Allensmore, HR2 9AA



8 39.72 square metres of Part of access to Arable land directly southeast of Pykeways, Allensmore, HR2 9AA



9 133.55 square metres of Public highway known as Golden Post Road, north of Golden Post Cottage Hereford with Pykeways to the north east



10 6722.58 square metres of Arable land to the south east of Pykeways and on the east side of Golden Post Cottage, Belmont, Hereford, HR2 9AA



11 7075.91 square metres of Public highway known as A465, Abergavenny Road, Hereford north east of Golden Post Cottage, Hereford



12 63480.83 square metres of Arable land which leads east, south east from A465 Abergavenny Road to Haywood Lane, Hereford



In the Parish of Callow and Haywood Group in the County of Herefordshire

12 63480.83 square metres of Arable land which leads east, south east from A465 Abergavenny Road to Haywood Lane, Hereford



12A 50067.28 square meters of Arable land south east of A465, Abergavenny Road with Golden Post Cottage to the north, Hereford

12B 1065.28 square metres of Arable land south east of A465, Abergavenny Road with Golden Post Cottage, Hereford to the north

12C 7322.64 square metres of Arable land to the south of Hayleasow Wood, Hereford

12D 468.24 square metres Arable land to the south of Hayleasow Wood, Hereford

12E 666.85 square metres of Arable land to the south of Hayleasow Wood, Hereford

12F 937.88 square metres of Arable land to the south of Hayleasow Wood, Hereford

12G 18535.81 square metres of Arable land to the south of Merryhill Park, Belmont with Haywood Lane, Hereford to the east

13 790.55 square metres Public highway, Haywood Lane, Hereford to the north of Haywood Lodge Cottages, Hereford



14 21493.18 square metres of Arable land on the East side of Haywoods Lodge Cottages, Hereford and south of Beech Grove, Hereford



14B 542.39 square metres of Public footpath HA7 heading east from Roman Byre towards Grafton

14D 73.82 metres of Public footpath HA7 south of Beech Grove, Hereford

16 24752.76 square metres of Arable land on the south east side of the West Midland Railway and south of Beech Grove, Hereford



17 7379.68 square metres of Arable land on the Grafton Smallholdings Estate, Grafton to the north of Withy Brook, Hereford



18 22015.47 square metres of Arable land at Grafton Smallholdings Estate, Grafton, Hereford north west of The Green, Hereford



19 970.33 square metres of Public highway known as Grafton Lane, Hereford north of The Green, Hereford



20 4484.55 square metres of Arable land forming part of Leys Farm south east of Grafton Lane, Hereford



20A 308.80 square metres of Arable land on the south east side of Grafton Lane, forming part of Leys Farm, Hereford

21 736.36 square metres of Arable land on the south east side of Grafton Lane, forming part of Leys Farm, Hereford



22 23909.87 square metres of Arable land on the south east side of Grafton Lane, forming part of Leys Farm and part of Grafton Wood, Hereford



22A 857.49 square metres of Arable land on the south east side of Grafton Lane, forming part of Leys Farm, Hereford

23 12557.96 square metres of Arable land forming part of Court Farm with Grafton Wood to its West and the A49, Rotherwas Roundabout to its east



23A 34948.13 square metres of Arable land forming part of Court Farm with the A49, Ross Road, Hereford lying to the east

24 457.11 square metres of Public highway A49 Ross Road at its junction with Rotherwas Roundabout, Hereford



25 838.20 square metres of Public highway A49 Ross Road at its junction with Rotherwas Roundabout NEW RIGHTS TO BE ACQUIRED



12K The right over 612.24 square metres of arable land to the south of Hayleasow Wood, Hereford to construct, keep, inspect and maintain a drainage system (including pipe runs, outfall/headwall structures and a piped crossing underneath an access track) for surface water draining from the new highway to flow and outfall into the existing watercourse

12L The right over 193.65 square metres of arable land to the south of Hayleasow Wood, Hereford to construct, keep, inspect and maintain a drainage system (including pipe runs and outfall/headwall structures) for surface water draining from the new highway to flow and outfall into the existing watercourse

14A The right of way with or without vehicles over 1993.08 square metres of private access track on the east side of Haywood Lodge Cottages, Hereford to construct, keep, inspect and maintain the bridge on the west side of the railway

15 The right over 867.56 square metres of the West Midland Railway line, east of Haywood Lodge Cottages, for a road bridge to carry the road over the railway line including the right to construct, keep, inspect and maintain the bridge

16A The right of way with or without vehicles over 1614 square metres of private access track south east of the West Midland Railway line to construct, keep, inspect and maintain the bridge on the east side of the railway

23B The right over 427 square metres of arable land north of Grafton Wood, Grafton to drain into the Withy

Brook and the right to construct, keep, inspect and maintain both the headwall structure and length of ditch downstream to the Withy Brook for surface water draining from the new highway to flow and outfall into the Withy Brook

SCHEDULE 2

FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

Power to execute a general vesting declaration

1 Once The County of Herefordshire District Council (South Wye Transport Package - A4194 Southern Link Road) Compulsory Purchase Order 2018 has become operative, the County of Herefordshire District Council ("the Council") may acquire any of the land 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 the Council at the end of the period mentioned in paragraph 2 below.



Notices concerning general vesting declaration

2 As soon as may be after the Council 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 confirmation notice of the Order. 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 the Council together with the right to enter on the land and take possession of it. Every person on whom the Council could have served a notice to treat in respect of their 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 their interest in the land, with interest on the compensation from the vesting date.

3 The "vesting date" for any land specified in a declaration will be the first day after 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 the Council 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 THE COUNTY OF HEREFORDSHIRE DISTRICT COUNCIL (SOUTH WYE TRANSPORT PACKAGE - A4194 SOUTHERN LINK ROAD) COMPULSORY PURCHASE ORDER 2018

To: Finance Legal and Democratic Services, Herefordshire Council, Plough Lane Offices, Plough Lane, Hereford HR4 OLE (Ref: DLE/005340)

[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 compulsory purchase 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 15 of, or paragraph 6 of Schedule 1, to the Acquisition of Land Act 1981.

1 Name and address of informant(s) (i)

2 Land in which an interest is held by informant(s) (ii)

3 Nature of interest (iii)

Signed: .....................................................................................................................................................................................................

Date:..........................................................................................................................................................................................................

[on behalf of ...........................................................................................................................................................................................]

(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 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, eg name of building society and roll number.



Dated the 28th day of March 2019

Sharpe Pritchard LLP Elm Yard

10-16 Elm Street, London WC1X OBJ

Solicitors to The County of Herefordshire District Council

Attachments

WOR1085503.pdf Download

Herefordshire Council

35 Hafod Road , Brockington , Herefordshire , HR4 0LE

https://www.herefordshire.gov.uk/ 01432 260 000

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