Planning

Kingston Upon Thames, Cambridge Road Estate Phases 1 and 2 Compulsory Purchase Order

KT1 3QP•Published 09/02/23•Expired

South West London •

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Royal Borough Of Kingston Upon Thames (Cambridge Road Estate Phases 1 And 2) Compulsory Purchase Order 2022

Section 226(1 )(a) Town and Country Planning Act 1990 and the Acquisition of Land Act 1981

Notice Of Confirmation Of A Compulsory Purchase Order

1. Notice is hereby given that H Butcher BSc (Hons) MSc MRTPI, an Inspector on behalf of the Secretary of State for Levelling Up, Housing and Communities in exercise of her powers under the above Acts, on 31 January 2023 confirmed the Royal Borough of Kingston Upon Thames (Cambridge Road Estate Phases 1 and 2) Compulsory Purchase Order 2022 submitted by the Royal Borough of Kingston Upon Thames.

2. The order as confirmed provides for the purchase for the purposes of a residential led development including affordable and market dwellings, community, retail and commercial floorspace, new open space and landscaping of the land described in Schedule 1 hereto.

3. A copy of the order as confirmed by the Secretary of State for Levelling Up, Housing and Communities and of the map referred to therein have been deposited at Guildhall 2, Kingston upon Thames KT1 1EU and Kingston Library, Fairfield, Kingston upon Thames KT1 2PS and may be seen at all reasonable hours and are available for inspection on the following website: https://cambridgeroadestate.com/

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 requirement relating to the order.

5. Once the order has become operative, the Royal Borough of Kingston Upon Thames 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.

SCHEDULE 1

LAND COMPRISED IN THE ORDER AS CONFIRMED

Table 1

Number on Map (1)	Extent, description and situation of the land (2)
1	All interests, other than those of the acquiring authority, in 1118 square metres of community hall known as Piper Hall Community Centre, Piper Road, Kingston upon Thames (KT1 3EX)
2	All interests, other than those of the acquiring authority, in 2870 square metres of ground floor commercial premises known as 1 to 8 (inclusive) Tadlow and first and second floor residential premises known as 9 to 24 (inclusive) Tadlow and full width of adopted highway surrounding the premises including car parking areas, Washington Road, Kingston upon Thames (KT1 3JL)
3	All interests, other than those of the acquiring authority, in 228 square metres of grassed area fronting commercial and residential premises known as Tadlow, Washington Road, Kingston upon Thames
4	All interests, other than those of the acquiring authority, in 2810 square metres of car park fronting commercial and residential premises known as Tadlow and Piper Hall and full width of adopted highways known as Somerset Road and Washington Road, Kingston upon Thames
5	All interests, other than those of the acquiring authority, in 43 square metres of half width of adopted highway known as Washington Road, Kingston upon Thames
6	All interests, other than those of the acquiring authority, in 177 square metres of residential premises known as 13 Washington Road, Kingston upon Thames (KT1 3JB)
7	All interests, other than those of the acquiring authority, in 189 square metres of residential premises known as 11 Washington Road, Kingston upon Thames (KT1 3JB)
8	All interests, other than those of the acquiring authority, in 192 square metres of residential premises known as 9 Washington Road, Kingston upon Thames (KT1 3JB)
9	All interests, other than those of the acquiring authority, in 185 square metres of residential premises known as 7 Washington Road, Kingston upon Thames (KT1 3JB)
10	All interests, other than those of the acquiring authority, in 192 square metres of residential premises known as 5 Washington Road, Kingston upon Thames (KT1 3JB)
11	All interests, other than those of the acquiring authority, in 178 square metres of residential premises known as 3 Washington Road, Kingston upon Thames (KT1 3JB)
12	All interests in 171 square metres of residential premises known as 1 Washington Road, Kingston upon Thames (KT1 3JB)
13	All interests, other than those of the acquiring authority, in 63 square metres of hardstanding to commercial premises known as The Bull and Bush Hotel and being half width of adopted highway known as Washington Road, Kingston upon Thames (KT1 3JB)
14	All interests, other than those of the acquiring authority, in 243 square metres of fenced grassed area, bin storage, hard standing situated to the north east of commercial premises known as the Bull and Bush Hotel and part width of adopted highway known as Washington Road, Kingston upon Thames (KT1 3JB)
15	All interests, other than those of the acquiring authority, in 966 square metres of commercial premises known as The Bull and Bush Hotel, Washington Road and half width of adopted highways known as Excelsior Close and Washington Road, Kingston upon Thames (KT1 3JB)
16	All interests, other than those of the acquiring authority, in 1976 square metres of bin storage, bicycle storage unit, car park, hardstanding, footpaths, grassed areas and half width of adopted highway known as Excelsior Close, Kingston upon Thames (KT1 3EH)
17	All interests, other than those of the acquiring authority, in 989 square metres of footbridge, hardstanding and residential premises known as 1 to 21 (inclusive) Connington and ground floor garages numbered 1 to 12 (inclusive) Connington, Somerset Road, Kingston upon Thames (KT1 3EN)
18	All interests, other than those of the acquiring authority, in 1027 square metres of residential premises known as 1 to 30 (inclusive) Fordham and ground floor garages numbered 1 to 18 (inclusive) Fordham, Excelsior Close, Kingston upon Thames (KT1 3EL)
19	All interests, other than those of the acquiring authority, in 6545 square metres of hardstanding, car parks, footpaths, grassed areas, footbridge and full width of adopted highways known as Wimpole Close, Washington Road, Chesterton Terrace and Eureka Road, Kingston upon Thames
20	All interests, other than those of the acquiring authority, in 677 square metres of footbridge, hardstanding and residential premises known as 1 to 15 (inclusive) Chippenham and ground floor garages numbered 1 to 10 (inclusive) Chippenham, Excelsior Close, Kingston upon Thames (KT1 3EJ)
21	All interests, other than those of the acquiring authority, in 746 square metres of footbridge, hardstanding and residential premises known as 1 to 18 (inclusive) Burwell and ground floor garages 1 to 12 (inclusive) Burwell, Excelsior Close, Kingston upon Thames (KT1 3EQ)
22	All interests, other than those of the acquiring authority, in 661 square metres of residential premises known as 1 to 12 (inclusive) Caldecote, Excelsior Close, Kingston upon Thames (KT1 3EH)
23	All interests, other than those of the acquiring authority, in 1151 square metres of hardstanding and residential premises known as 1 to 27 (inclusive) Fulbourn and ground floor garages numbered 1 to 16 (inclusive) Fulbourn, Eureka Road, Kingston upon Thames (KT1 3JQ)
24	All interests, other than those of the acquiring authority, in 661 square metres of hardstanding and residential premises known as 1 to 18 (inclusive) Comberton and ground floor garages numbered 1 to 12 (inclusive) Comberton, Eureka Road, Kingston upon Thames (KT1 3JH)
25	All interests, other than those of the acquiring authority, in 750 square metres of residential premises known as 1 to 27 (inclusive) Grantchester and ground floor garages numbered 1 to 16 (inclusive) Grantchester, St Peters Road, Kingston upon Thames (KT1 3JZ)
26	All interests, other than those of the acquiring authority, in 1231 square metres of hardstanding and residential premises known as 1 to 33 (inclusive) Westwick and ground floor garages numbered 1 to 18 (inclusive) Westwick, Chesterton Terrace, Kingston upon Thames (KT1 3JE)
27	All interests in 202 square metres of residential premises known as 1 Chesterton Terrace and half width of adopted highway known as Washington Road, Kingston upon Thames (KT1 3JD)
28	All interests in 139 square metres of residential premises known as 2 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
29	All interests in 134 square metres of residential premises known as 3 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
30	All interests, other than those of the acquiring authority, in 138 square metres of residential premises known as 4 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
31	All interests in 132 square metres of residential premises known as 5 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
32	All interests in 132 square metres of residential premises known as 6 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
33	All interests, other than those of the acquiring authority, in 134 square metres of residential premises known as 7 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
34	All interests in 140 square metres of residential premises known as 8 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
35	All interests, other than those of the acquiring authority, in 131 square metres of residential premises known as 9 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
36	All interests in 132 square metres of residential premises known as 10 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
37	All interests, other than those of the acquiring authority, in 131 square metres of residential premises known as 11 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
38	All interests in 133 square metres of residential premises known as 12 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
39	All interests, other than those of the acquiring authority, in 135 square metres of residential premises known as 13 Chesterton Terrace, Kingston upon Thames (KT1 3JD)
40	All interests in 207 square metres of residential premises known as 14 Willingham Way, Kingston upon Thames (KT1 3JA)
41	All interest, other than those of the acquiring authority, in 165 square metres of residential premises known as 12 Willingham Way, Kingston upon Thames (KT1 3JA)
42	All interests, other than those of the acquiring authority, in 176 square metres of residential premises known as 10 Willingham Way, Kingston upon Thames (KT1 3JA)
43	All interests in 160 square metres of residential premises known as 8 Willingham Way, Kingston upon Thames (KT1 3JA)
44	All interests in 164 square metres of residential premises known as 6 Willingham Way, Kingston upon Thames (KT1 3JA)
45	All interests in 162 square metres of residential premises known as 4 Willingham Way, Kingston upon Thames (KT1 3JA)
46	All interests, other than those of the acquiring authority, in 153 square metres of residential premises known as 2 Willingham Way, Kingston upon Thames (KT1 3JA)
47	All interests, other than those of the acquiring authority, in 3224 square metres of hardstanding, car park, residential premises known as 1 to 15 (inclusive) Ely Court, Willingham Way (KT1 3AL) and 10 to 13 (inclusive) Franklin Close, Kingston upon Thames (KT1 3JW)
48	All interests, other than those of the acquiring authority, in 527 square metres of adopted footpaths and part width of highways known as Willingham Way and Franklin Close, Kingston upon Thames

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 Royal Borough of Kingston Upon Thames (Cambridge Road Estate Phases 1 and 2) Compulsory Purchase Order 2022 has become operative, the Royal Borough of Kingston Upon Thames (hereinafter called the "Acquiring Authority") 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 Acquiring Authority at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after the Acquiring Authority 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 Acquiring Authority together with the right to enter on the land and take possession of it. Every person on whom the Acquiring Authority 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.

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 Acquiring Authority 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 Royal Borough of Kingston Upon Thames (Cambridge Road Estate Phases 1 and 2) Compulsory Purchase Order 2022

To: CRE Regen team, Royal Borough of Kingston Upon Thames at Guildhall 2, Kingston upon Thames KT1 1 EU

[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 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 .........................................................................................................................

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

Date..............................................................................................................................

(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 interest is leasehold, the date of commencement and length of term 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.

Royal Borough of Kingston Upon Thames Guildhall 2

Kingston upon Thames KT1 1EU