The East Midlands Parkway Station (Land Acquisition) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/8

2005 No. 8

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The East Midlands Parkway Station (Land Acquisition) Order 2005

Made 7th January 2005

Coming into force 28th January 2005

Whereas an application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20001made under sections 6, 6A, 7 and 10 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act;

And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act;

And whereas the Secretary of State, having considered the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 31st December 2004;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 3 to 5, 7, 11 and 15 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

1 PRELIMINARY

PART 1

PRELIMINARY

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the East Midlands Parkway Station (Land Acquisition) Order 2005 and shall come into force on 28th January 2005.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In this Order—

the 1961 Act” means the Land Compensation Act 19613;

the 1965 Act” means the Compulsory Purchase Act 19654;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“the Company” means Midland Main Line Limited whose registered office is at 75 Davies Street, London W1K 5HT;

“the East Midlands Parkway Station” means the new Parkway railway station with parking and associated access and highway works to be constructed on the land shown on the land plan;

“the land plan” means the plan certified by the Secretary of State as the land plan for the purposes of this Order;

“the limits of land to be acquired” means the lines marked “Limit of Land to be Acquired” shown on the land plan;

“the limits of land to be temporarily used” means the lines marked “Limit of Land to be Temporarily used” shown on the land plan;

“occupier” means a person occupying land under a tenancy for a period of more than a month (not being a statutory tenant within the meaning of the Rent Act 19775or the Rent (Agriculture) Act 19766);

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

“the Planning Act” means the Town and Country Planning Act 19907;

“the Street Works Act” means the New Roads and Street Works Act 19918;

“the tribunal” means the Lands Tribunal.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.

(3) All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.

2 ACQUISITION AND POSSESSION OF LAND

PART 2

ACQUISITION AND POSSESSION OF LAND

Powers of Acquisition

Powers of Acquisition

S-3 Power to acquire land

Power to acquire land

3.—(1) The Company may acquire compulsorily so much of the land shown on the land plan within the limits of land to be acquired and described in the book of reference as may be required for or in connection with the provision of the East Midlands Parkway Station and it may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.

(2) This article is subject to article 6(8).

S-4 Application of Part I of the Compulsory Purchase Act 1965

Application of Part I of the Compulsory Purchase Act 1965

4.—(1) Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—

(a)

(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 19819applies, and

(b)

(b) as if this Order were a compulsory purchase order under that Act.

(2) Part I of the 1965 Act, as so applied, shall have effect as if —

(a)

(a) section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and

(b)

(b) in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted—

(i) in a case where the notice to treat relates only to the acquisition of an easement or other right over the land, a reference to notice of one month, or

(ii) in any other case, a reference to notice of 3 months.

S-5 Powers to acquire new rights

Powers to acquire new rights

5.—(1) The Company may compulsorily acquire such easements or other rights over any land referred to in paragraph (1) of article 3 as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.

(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 to this Order), where the Company acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in it.

(3) Schedule 1 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.

S-6 Temporary use of land

Temporary use of land

6.—(1) The Company may, in connection with provision of the East Midlands Parkway Station—

(a)

(a) enter upon and take temporary possession of so much of the land shown on the land plan within the limits of land to be temporarily used and described in the book of reference as may be required for the purposes of the provision of a working site storage for materials and equipment and access for construction purposes, and

(b)

(b) remove any buildings and vegetation from that land.

(2) Not less than 28 days before entering upon and taking temporary possession of land under this article the Company shall serve notice of the intended entry on the owners and occupiers of the land.

(3) The Company may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the East Midlands Parkway Station.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the Company shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the Company shall not be required to replace a building removed under this article.

(5) The Company shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part I of the 1961 Act.

(7) Without prejudice to article 16, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).

(8) The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) except that the Company shall not be precluded from acquiring new rights over any part of that land under article 5.

(9) Where the Company takes possession of land under this article, it shall not be required to acquire the land or any interest in it.

(10) In this article “building” includes structure or any other erection.

Compensation

Compensation

S-7 Disregard of certain interests and improvements

Disregard of certain interests and improvements

7.—(1) In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account—

(a)

(a) any interest in land, or

(b)

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

Supplementary

Supplementary

S-8 Acquisition of part of certain properties

Acquisition of part of certain properties

8.—(1) This article shall apply instead of section 8(1) of the...

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