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Essex County Counc

Notice ID: MF0531282

Notice effective from
12th December 2019 to 11th January 2020

Essex County Council
NOTICE OF CONFIRMATION OF A COMPULSORY PURCHASE ORDER
THE ESSEX COUNTY COUNCIL (GILDEN WAY/SHEERING ROAD (B183) IMPROVEMENT/WIDENING/REALIGNMENT, A1025 NEW LINK ROAD FROM B183 TO M11 AND GRADE SEPARATED JUNCTION/ROUNDABOUTS AT M11 JUNCTION 7A SCHEME) (PHASE 1) COMPULSORY PURCHASE ORDER 2018 THE HIGHWAYS ACT 1980 and the ACQUISITION OF LAND ACT 1981
1. Notice is hereby given thatthe SecretaryofState for Transport in exercise of his powers under the above Acts, on the 24th October 2019 confirmed with modifications The Essex County Council (Gilden Way/Sheering Road (B183) Improvement/Widening/ Realignment, A1025 New Link Road from B183 to M11 and Grade Separated Junction/ Roundabouts at M11 Junction 7A Scheme) (Phase 1) CompulsoryPurchase Order 2018 submitted by the Essex County Council.

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

(i) improvement and widening of the classified road, the B183 Gilden Way, from London Road Roundabout to the Mayfield Farm in the north-east, adistance of one thousand seven hundred and sixty metres (1760m), where Gilden Waybecomes Sheering Road and adistance of one hundred and fifty metres (150m) of Sheering Road

to Mayfield Farm;
(ii) construction of anew carriageway from Mayfield Farm on Sheering Road and construction of anew roundabout to connect anew link road to the Grade Separated Junction;

(iii) improvement and alteration to alength of five hundred and forty metres (540m) of Sheering Road thatwill no longer be required for through traffic to be the local access road to The Campions and creation of anew junction on the re-aligned Sheering Road with adirectlink to this new local access road;

(iv) construction of alink road to connect onto the new roundabout and/or junction on the re-aligned section of the B183 and between the new Grade Separated Junction from the M11 motorway for west and eastbound traffic;

(v) construction of ashort length of carriageway, one hundred and thirty metres (130m) long from the new Sheering Road Roundabout to connect the re-aligned and widened road back into the existing alignment, at alocation just south of the Pincey Brook Bridge;

(vi) construction of alink road and its embankment, between the new Grade Separated Junction on the M11 Motorway and the new Sheering Road Roundabout;

(vii) construction of two new roundabouts, one on each side of the M11 Motorway and connecting new overbridge accommodating adual carriageway across the motorway.

(viii) construction of four slips roads to provide access to and from the M11 Motorway in all directions.

(ix) construction of four surface water attenuation ponds with drains and surface water collectors.

(x) the construction of other highways, the improvement of existing highways and the provision of new means of access to premises and land in pursuance of The Essex County Council (Gilden Way/Sheering Road (B183) Improvement/Widening/ Realignment, A1025 (New Link Road from B183 to M11) Scheme (Classified Road) (Side Roads) Order 2018.

3. Acopy of the Order as confirmed by the SecretaryofState for Transport and of the mapreferred to therein have been deposited at theoffices of Essex County Council, Council Offices, Chelmsford Library, Ground Floor, County Hall, Market Road, Chelmsford, CM1 1QH, HarlowDistrict Council, The Civic Centre, The Water Gardens, Harlow, CM20 1WG, Epping Forest District Council, Civic Offices, 323 High Street, Epping, Essex, CM16 4BZ, St John'sArts &Recreation Centre, St John'sWalk, Market Street, Old Harlow, Essex, CM17 0AJ and Central Library, Cross Street, Harlow, CM20 1HA and may be seen at all reasonable hours.

4. The Order as confirmed by the SecretaryofState for Transport becomes operative on the date on which this notice is first published. Aperson aggrieved by the Order may byapplication to the High Court within 6weeks from thatdate, challenge

its validity under section 23 of the Acquisition of Land Act 1981. The grounds of challenge can be thatthe authorisation granted by the Order is not empowered to be granted or thatthere has been afailure to comply with anyrelevant statutory requirement relating to the Order.
5. Once the Order has become operative, the Essex County Council may acquire anyof the land described in Schedule 1belowbyexecuting ageneral vesting declaration under section 4ofthe CompulsoryPurchase (Vesting Declarations) Act 1981. Astatement on the effect of Parts 2and 3ofthatAct is set out in Schedule 2below.

6. Everyperson who, if ageneral vesting declaration were executed under section 4 of thatAct in respect of the land comprised in the Order (other than land in respect of which notice to treathas been given), would be entitled to claim compensation in respect of anysuch land, is invited to give information to the Head of Legal Services, Essex County Council quoting reference HIGH/8634 atSeax House, Victoria Road South, Chelmsford, Essex, CM1 1QH about the person'sname, address and interest in land, using aprescribed form. The relevant prescribed form is set out

in Schedule 3below.
SCHEDULE 1
LAND AND THE NEW RIGHTS COMPRISED IN THE ORDER AS CONFIRMED
Plot No Description of Land

on Map
2 86 square metres, land to the south of Gilden Way, east of London Road roundabout.
Land is currently part of agrassed field. 3A right to enter and re-enter upon 8505 square metres, land to the south of Gilden
3A
Way(The disused MulberryGreen Nurserysite with some hard paved areas and
internal tracks) for all purposes connected with the storage of construction material,
plant and machinery.
4 2468 square metres of land to the south of Gilden Way. Land is currently part of afield with some vegetation.

5 345 square metres of land to the north of Gilden Way. Land is currently part of afield with some vegetation and trees.

6 1238 square metres of grassland with ahedgeline to the south of Gilden Way, east of Sheering Drive.

7 479 square metres of land to the north of Gilden Wayand north-west of Churchgate roundabout. Land is currently part of an open grassed field adjacent to the highway.

7A 1622 square metres of land to the north of Gilden Wayand north-east of Churchgate roundabout. Land is currently part of an open grassed field adjacent to the highway.
8 2137 square metres of land located south of Gilden Wayand west of Churchgate roundabout. Land is an open vegetated field adjacent to the highway with some trees.

9 2341 square metres of land located on the east of Churchgate Roundabout. Land is part of an area of grassed playing fields, located north of ahard landscaped parking area.

10 380 square metres ofland located south ofGildenWay and north of Sheering Road. Land is part of avegetated strip between apublic field and the highway.

11 1596 square metres ofgrassed field located south ofSheering Road and west of Mayfield Farm.

12 500 square metres ofland located at the access ofMayfield Farm. Land includes current hard-paved access to Mayfield Farm, adjoining vegetated field to the south and part of the car park to the east of Gilden Way.

12A 88 square metres ofhard paved land located onthe access to Mayfield Farm.
13 46850 square metres ofarableland at MayfieldFarm and Feltimores Farm, Harlow. Land is currently grassedorvegetated.

14 Arighttoenter and re-enter upon 24364 square metres of arable land at Mayfield Farm and Feltimores Farm, Harlow(Landiscurrently grassed or vegetated) for all purposes connected with the storage of construction material, plant and machinery.

15 595 square metres of grassed verge to the east of Sheering Road and south of Pincey Brook. Land is currently grassed orwooded.

15A 1765 square metres of protected woodland to the east ofSheering Road, southof thePincey Brook.Land currently has mature trees, subject to Tree Protection Order.
16 5363 square metres of arable land to the east of Sheering Road and south of Pincey Brook. Land is currently grassed or vegetated.

17 Arightto enter and re-enter upon 28790 square metres of arable land to the south of Garden Care Tree Services (Land is currently grassed or part of avegetated farmland) for all purposes connected with the storage of construction material, plant and machineryand aright to construct and maintain alinear drainage ditch and arighttoconstruct alineardrainageoutfallpipeand access thereto.

17A Aright to enter and re-enter upon 6694 square metres of arable land at Mayfield Farm and Feltimores Farm ,Harlow(Land is currently grassed or vegetated) for all purposes connected with the storage of construction material, plant and machinery.
18 16688 square metres of arable land to the south of Garden Care Tree Services and west of M11 motorway Landiscurrently grassed or part of avegetated farmland.

19 Arightto enter and re-enter upon 5578 square metres of arable land lying to the east of Sheering Road, Harlow(Land is currently grassed or part of avegetated farmland) for all purposes connected with the storage of construction material, plant and machinery.

20 20360 square metres of arable land lying to the east of Sheering Road, Harlow. Land is currently grassed or part of avegetated farmland.

20A 27036 square metres of arable land to the west of the M11 motorway north of Matching Farm. Land is currently grassed or part of avegetated farmland.
21 1115 square metres of arable land located to the east of M11 motorway north of Moorhall Wood. Land is currently grassed or part of avegetated farmland.

22 Aright to enter and re-enter upon 2274 square metres of arable land to the west of M11 motorway (Land is currently grassed or part of avegetated farmland) for all purposes connected with the storage of construction material, plant and machinery for the high pressure gas main diversion/construction.

23 5770 square metres of arable land to the west of M11 motorway Land currently is currently avegetated farmland with ahedgeline bordering the M11 motorway.

24 12161 square metres of arable land to the west of M11 motorway and south of Pincey Brook. Land is currently grassed or part of avegetated farmland.

25 146 square metres of arable land located east of M11 motorway north of Matching Road. Land is currently avegetated field.

26 26170 square metres of arable land located east of M11 motorway north of Matching Road. Land is currently part of avegetated farmland.

27 Aright to enter and re-enter upon 10241 square metres of arable land located east of M11 motorway, north ofMatching Road (Land is currently part of avegetated farmland) for all purposes connected with the storage of construction material, plant and machinery.

28 Aright to enter and re-enter upon 2789 square metres of arable land located east of M11 motorway, north of Matching Road (land is currently part of avegetated farmland) for all purposes connected with the storage of construction material, plant and machineryduring the high pressure gas main diversion/construction and for all purposes connected withthe storage of construction material, plant and machinery of the new and improved roads.

29 Arighttoenter and re-enter upon 3537 square metres of arable land located to the east of M11 motorway south ofPincey Brook (land is currently part of avegetated farmland) for all purposes connected with the storage of construction material, plant and machineryduring the high pressure gas main diversion/construction and for all purposes connected with the storage of construction material, plant and machinery of the new and improved roads.

30 7830 square metres of arable land located to the east of M11 motorway, south of Pincey Brook. Land is currently part of avegetated farmland.
SCHEDULE 2
FORM OF STATEMENT OF EFFECT OF PARTS 2AND 3OFTHE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 Power to execute ageneral vesting declaration
1Once the Essex County Council (Gilden Way/Sheering Road (B183) Improvement/ Widening/Realignment, A1025 (New Link Road from B183 to M11) Scheme (Classified Road) (Side Roads) Order 2018 has become operative, the (hereinafter called) the Essex County Council (hereinafter called "ECC") may acquire anyofthe land described in Schedule 1above (d) by executing ageneral vesting declaration under section 4ofthe CompulsoryPurchase (Vesting Declarations) Act 1981 ("the Act"). This has the effect, subject to paragraphs 3and 5below, of vesting the land in ECC at the end of the period mentioned in paragraph2below.
the Essex County Council (Gilden Way/Sheering Road (B183) Improvement/ Widening/Realignment, A1025 (New Link Road from B183 to M11) Scheme (Classified Road) (Side Roads) Order 2018 has become operative, the (hereinafter called) the Essex County Council (hereinafter called "ECC") may acquire anyofthe land described in Schedule 1above (d) by executing ageneral vesting declaration under section 4ofthe CompulsoryPurchase (Vesting Declarations) Act 1981 ("the Act"). This has the effect, subject to paragraphs 3and 5below, of vesting the land in ECC at the end of the period mentioned in paragraph2below.
Notices concerning general vesting declaration
2Assoon as may be after ECC executea general vesting declaration, they must serve notice of it on everyoccupier of anyofthe 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 vestingdeclaration 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 whatissaid in paragraphs 3 and 5, vest in ECC together with the right to enter on the land and take possession of it. Everyperson on whom ECC could have served anotice to treatinrespect of hisinterest 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 hisinterest in the land, with interest on the compensation from the vesting date.
as may be after ECC executea general vesting declaration, they must serve notice of it on everyoccupier of anyofthe 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 vestingdeclaration 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 whatissaid in paragraphs 3 and 5, vest in ECC together with the right to enter on the land and take possession of it. Everyperson on whom ECC could have served anotice to treatinrespect of hisinterest 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 hisinterest in the land, with interest on the compensation from the vesting date.
3The "vesting date" for any land specified in adeclaration will be the first day after the end ofthe period mentioned in paragraph 2above, unless acounter-notice is served under Schedule A1 tothe Actwithin thatperiod. In suchcircumstances, the vesting datefor the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.
"vesting date" for any land specified in adeclaration will be the first day after the end ofthe period mentioned in paragraph 2above, unless acounter-notice is served under Schedule A1 tothe Actwithin thatperiod. In suchcircumstances, the vesting datefor the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.
Modifications with respect to certain tenancies
4Inthe case of certain tenancies, the position stated above is subject tomodifications. The modifications apply where the tenancyiseither a"minor tenancy", i.e. atenancy for ayear or ayearly tenancyoralesser interest, or "a long tenancywhich is about to expire". The latter expression means atenancygranted for an interest greater than a minor tenancybut 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 howlong atenancyhas still to run, where anyoption to renew or to terminate it is available to either party, itshall be assumed thatthe landlord will take everyopportunity open to him to terminate the tenancywhile the tenant will use every opportunity to retain or renew his interest.
case of certain tenancies, the position stated above is subject tomodifications. The modifications apply where the tenancyiseither a"minor tenancy", i.e. atenancy for ayear or ayearly tenancyoralesser interest, or "a long tenancywhich is about to expire". The latter expression means atenancygranted for an interest greater than a minor tenancybut 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 howlong atenancyhas still to run, where anyoption to renew or to terminate it is available to either party, itshall be assumed thatthe landlord will take everyopportunity open to him to terminate the tenancywhile the tenant will use every opportunity to retain or renew his interest.
5The modifications are thatECC may not exercise the right of entryreferred to in paragraph 2inrespect of land subject to atenancydescribed in paragraph 4 unless they first serve notice to treatinrespect of the tenancyand 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 ofentry will be exercisable at theend of that period. The vesting of the land will be subject to the tenancyuntil the end of thatperiodoruntil thetenancycomes to anend, whichever happens first.
modifications are thatECC may not exercise the right of entryreferred to in paragraph 2inrespect of land subject to atenancydescribed in paragraph 4 unless they first serve notice to treatinrespect of the tenancyand 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 ofentry will be exercisable at theend of that period. The vesting of the land will be subject to the tenancyuntil the end of thatperiodoruntil thetenancycomes to anend, whichever happens first.
SCHEDULE 3 FORM FOR GIVING INFORMATION
The Essex County Council (Gilden Way/Sheering Road (B183) Improvement/Widening/ Realignment, A1025 (New Link Road from B183 to M11) Scheme (Classified Road) (Side Roads) Order 2018
To:Head of Legal Services, Essex County Council quoting reference HIGH/8634 at Seax
House, Victoria Road South, Chelmsford, Essex, CM1 1QH [I] [We] being [aperson] [persons] who, if ageneral vesting declaration were executed under section 4of the CompulsoryPurchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the CompulsoryPurchase Order cited above in respect of which notice to treathas not been given, would be entitled to claim compensation in respect of [all] [part of] thatland, give you the following information, pursuant to the provisions of section 15 of, or paragraph 6of, to the Acquisition of Land Act 1981.
6of,
1Name and address of informant(s) (i)....................................................................................
and address of informant(s) (i)....................................................................................
2Landinwhich an interest is held by informant(s) (ii)............................................
an interest is held by informant(s) (ii)............................................
3Nature of interest (iii)..........................................................................................................
of interest (iii)..........................................................................................................
Signed..........................................................................................................................................
[on behalf of]...............................................................................................................................
Date..............................................................................................................................................
(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.

Dated this 12th December, 2019
Paul Turner Director for Legal and Assurance,
Essex County Council, Floor 6, Seax House, Victoria Road South, Chelmsford, CM1 1QH

Attachments

MF0531282.pdf Download

Essex County Council

County Hall , Market Road , Chelmsford , Essex , CM1 1QH

http://www.essex.gov.uk/Pages/Default.aspx 0845 743 0430

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