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Osborne Clarke
General

THE SOUTHERN ELECTRIC POWER DISTRIBUTION PLC (NO.1) COMPULSORY PURCHASE ORDER 2016 The Electricity Act 1989 and the Acquisition of Land Act 1981

Notice ID: OX4084477

Notice effective from
17th August 2017 to 16th September 2017

THE SOUTHERN ELECTRIC POWER DISTRIBUTION PLC (NO.1) COMPULSORY PURCHASE ORDER 2016 The Electricity Act 1989 and the Acquisition of Land Act 1981
1. Notice is hereby given that the Secretary of State for Business, Energy and Industrial Strategy, in exercise of his powers under the above Acts, on 31 July 2017 confirmed with modifications the Southern Electric Power Distribution PLC (No.1) Compulsory Purchase Order 2016 submitted by Southern Electric Power Distribution Plc (SEPD).

2. The order as confirmed provides for the compulsory purchase of land and new rights for the purposes of the construction, use and maintenance of an underground 132kV electricity cable, overhead electricity line, substation, accesses and ancillary development described below.

3. A copy of the order as confirmed by the Secretary of State and of the map referred to therein may be seen at reasonable hours at Bicester Library, Franklins House, Wesley Lane, Bicester, OX26 6JU and the Steeple Claydon Library, Queen Catherine Road, Steeple Claydon, Buckingham, MK18 2PY.

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 thatthe authorisation granted bythe order is not empowered tobe granted or thatthere has been a failure tocomplywith anyrelevantstatutory requirement relating to the order.

5. Once the order has become operative SEPD may acquire any of the land described in Schedule 1 below by executing a general vesting declaration under section 4 oftheCompulsoryPurchase(VestingDeclarations)Act1981. Astatementon theeffectofParts2 and3 ofthatActissetoutin Schedule2below.

6. Everyperson who, ifageneral vesting declaration wereexecuted under section 4 ofthatActin respectofthe land comprised in the order (other than land in respect of which a notice to treat has been given), would be entitled to claim compensation in respect of any such land, is invited to give information to SEPD about the person's name, address and interest in land using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.

SCHEDULE 1
Land and the New Rights comprised in the order as confirmed Freehold land to be acquired:
1. Land comprising scrubland to the west of Skimmingdish lane, Bicester in the ownership of Oxfordshire County Council.
Description of the land comprised in the order over which New Rights are sought:
The order seeks rights over sections of land to form a corridor approximately 18km in length for the purposes of an underground electricity cable connection and associated accesses as follows:
1. Agricultural land and access tracks from the eastern edge of Skimmingdish Lane, Bicester to Station Road, Launton and onto to Bicester Road; Launton;

2. Agricultural land and access tracks from Bicester Road, Launton to meet Station Road, Poundon, passing to the south of Poundon;

3. Agricultural land and access tracks from Station Road, to the north of Poundon, to meet the Portway Road, Twyford to the south of Twyford;

4. Agricultural land and access tracks from the northern edge of Portway Road, Twyford to the Twyford Road, Twyford and onto West Street, Steeple Claydon to the south of Steeple Claydon;

5. Agricultural land and access tracks from West Street, Steeple Claydon passing to the south of Steeple Claydon at Redland Bridge and onto meet Queen Catherine Road, Steeple Claydon and onto Sandhill Road, Middle Claydon;

6. Agricultural land and access tracks from Sandhill Road, Middle Claydon crossing under a disused railway line to the east of the Sandhill Road, Middle Claydon to meet Verney Junction;

7. Agricultural land and access tracks from Verney Junction and onto land adjacent the National Grid Substation on East Claydon Road, East Claydon.

Description of New Rights:
Some or all of the following new rights are sought over the land described above for the benefit of the remainder of the order land, to:
A. lay, install, construct, use, inspect, maintain, protect, repair, relay, replace, renew, supplement, connect into, remove or render unusable the underground electricity cables and to remain on and/or break up and excavate so much of the surface of the Order Land as is necessary from time to time for all proper purposes connected with the construction and maintenance of the underground electricity cables;

B. erect, install, construct, use, inspect, maintain, protect, repair, re-erect, replace, renew, supplement, connect into, remove or render unusable the overhead lines and to break up and excavate so much of the surface of the Order Land as is necessary from time to time for all proper purposes connected with the construction and maintenance of the overhead lines;

C. fell, lop or cut in a proper manner all trees and shrubs standing on the Order Land which may if not felled, lopped or cut, obstruct or interfere with the construction, maintenance or safe and efficient operation of any apparatus connected with the Project on the Order Land;

D. pass and re-pass with or without vehicles, machinery, plant and equipment between the public highway and all parts of the Order Land at all reasonable time (and at any time in cases of emergency) over the roads, footpaths (and divert footpaths where necessary) and other areas providing access to the Order Land and to park a vehicle thereon for the purposes of survey, construction, installation, maintenance, alteration, testing, upgrading, renewal, replacement, inspecting, protecting, repairing, supplementing, connecting into, rendering unusable and removal of the underground electricity cables, overhead lines and/ or associated works, plant and equipment on adjoining Order Land and to effect access to the highway and for all other proper purposes connected with the construction and maintenance of the Project;

E. enter, access over or remain on the Order Land in order to access onto adjoining Order Land in connection with the Project;

F. construct, improve, widen, repair, maintain, renew, take all necessary support for and rebuild existing and new accesses and associated or ancillary structures including bridges and other crossings;

G. temporarily divert watercourses and execute other works on watercourses in connection with carrying out of the Project;

H. make good any damage caused in connection with the carrying out of the Project;

I. install, maintain, replace, renew and remove cable marker posts to identify the location of the underground cables (subject to an obligation to minimise interference with future use and operations).

J. temporarily occupy the Order Land as a construction and maintenance compound, working area, laydown and parking areas for all plant, equipment, materials and vehicles in connection with the constructing and carrying out of the Project (including the provision of means of access and the right to construct, improve, widen, repair, maintain, and take all necessary support for existing and new accesses) and temporary welfare and security buildings on that Order Land and thereafter to remove the same;
K. temporarilyoccupytheOrderLand toremoveanystructuresorpolesfrom the Order Land and to remove, fell, trim or lop any trees, shrubs, hedges, coppices, woods, roots and bushes from the Order Land and to prepare, takeup and store soilsand subsoilsand laymembraneand hardstanding;
L. temporarily place and use plant, machinery and temporary structures for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, protecting, repairing, supplementing, connecting into, rendering unusable and removal of the Project;
M. temporarilypass and re-pass with or without vehicles, machinery, plant and equipment to enter and access over the Order Land (and divert footpaths where necessary) for the purposes of the construction and maintenance of the Project;
N. temporarily enter, access over or remain on the Order Land in order to access onto adjoining Order Land in connection with the Project;
O. temporarily install, erect, retain, use, inspect, maintain, renew and remove scaffolding and all other equipment and apparatus in connection with the carrying out of the Project;
P. erect temporary signage and provide measures for benefit of public and personnel safety
Q. erect, maintain and remove temporary fencing for site safety and to create secure works compounds;
R. notmake anyalteration totheOrder Land, nor plantanytreeor shrub or erect any structure on or over the Order Land, other than with the prior written consent and under the supervision of the acquiring authority;
S. not do anything that may or may be likely to cause damage to the underground electricity cables and/or overhead lines and it shall take all reasonable precautions to prevent any damage to the underground electricity cables;
T. not do anything (other than normal agricultural operations) whereby the support of or the cover of soil over the underground electricity cables shall be altered;
U. not do anything which will or may interfere with or obstruct either the operation of the underground electricity cables and/or the overhead lines, the free access to the underground electricity cables and/or the overhead lines, and/or make such access more difficult or expensive;
V. not permit any structure on the Order Land and not permit any tree or shrub to growso as to be, or come when falling, within the Order Land, save in compliance with the Electricity, Safety, Quality and Continuity Regulations 2002;
W. not do anything whereby the level of the ground shall be raised so as to alter the distance between the level of the ground and the overhead lines, other than with the prior written consent and under the supervision of the acquiring authority, and in compliance with the Electricity, Safety, Quality and Continuity Regulations 2002.
17 August 2017
Southern Electric Power Distribution PLC
SCHEDULE 2
Form of Statement of Effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981
Power to execute a general vesting declaration
1. Once the Southern Electric Power Distribution Plc (No.1) Compulsory Purchase Order 2016 has become operative, SEPD 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 SEPD at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration
2. As soon as may be after SEPD 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 SEPD together with the right to enter on the land and take possession of it. Every person on whom SEPD 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 a 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.

Modification 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 white the tenant will use every opportunity to retain or renew his interest.

5. The modifications are that SEPD 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 rightofentrywill be exercisable atthe end ofthatperiod The vesting ofthe land will be subjecttothe tenancyuntil the end ofthat period or until the tenancy comes to an end, whichever happens first.

SCHEDULE 3
Form for Giving Information
Southern Electric Power Distribution Plc (No.1) Compulsory Purchase Order 2016 ("the Order")
To: SEPD Bicester to East Claydon CPO c/o Dalcour Maclaren, 1 Staplehurst Farm, Weston on the Green, Oxfordshire, OX25 3QU. Ref:140988KC
[I][We] being [a person] [persons] 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 compulsory purchase order cited above in respect of which notice of treat has not been given, would be entitled to claim compensation in respect of [all] [part of] that land, giveyou thefollowinginformation,pursuanttotheprovisionsofsection 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

[on behalf of ] Date
(i) in the case of a joint interest insert names and addresses of all the informants

(ii) the land should be described concisely

(iii) iftheinterestis leasehold, the dateofcommencementand length ofterm should be given. If the land is subject to a mortgage or other incumbrance, details should be given, e.g. name of building society and roll number.

Ref: 140988KC

Attachments

OX4084477.pdf Download

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