Gloucester City - Multiple Planning Applications For Development

Notice of Compulsory Acquisition under Section 134(7) of the Planning Act 2008 

The M5 Junction 10 Development Consent Order 2025
(THE “ORDER”)

[Where notice is affixed, the notice should be addressed at this point to persons occupying or having an interest in the land in question]

Notice of authorisation of compulsory acquisition
The above Order, made under the Planning Act 2008 by the Secretary of State for Transport and published on 4 June 2025, includes provision authorising the compulsory acquisition of land, of existing rights over land and of a right over land by creating a new right over it as described in Schedule 1 of this notice and more particularly described in the Order.

The Order includes provision authorising the acquisition for the purpose of the M5 Junction 10 Improvement Scheme (the “Scheme”) located within the administrative areas of Cheltenham Borough Council, Tewkesbury Borough Council, and Gloucestershire County Council. 

The Scheme includes three elements comprising of alterations to M5 Junction 10, widening along the A4019 and construction of a new Link Road to West Cheltenham. In summary, the proposals include:

• The alterations to M5 Junction 10 consist of a new all-movements elongated roundabout junction. 

Two new overbridges will be constructed over the M5, centred either side of the existing Piffs Elm Interchange Bridge (carrying the A4019 over the M5), which will then be demolished.

An underpass will also be constructed under the A4019 immediately east of Junction 10 to provide a traffic free route for bats to cross under the road, as well as pedestrians, cyclists and equestrians. To the southeast of M5 Junction 10, an area of land will be reprofiled to provide compensatory flood storage for the Scheme.

• The A4019 will be widened to a two-lane dual carriageway from Withybridge Lane, eastwards to the Gallagher Retail Park, where the scheme will tie into existing dual carriageway.

The widening will also include a bus lane on the A4019 eastbound carriageway from the West Cheltenham Fire Station to the Gallagher Junction.

Three new junctions will be created along this road, as well as some changes to existing junctions and includes segregated pedestrian and cyclist facilities.

The A4019 will be realigned to provide appropriate entry angle to the new roundabout, and the grade of the A4019 will also be altered to meet the raised elevation of the altered M5 Junction 10.

• The Scheme will also provide a new single carriageway link road between the B4634 to the A4019 in order to allow traffic from the West Cheltenham development to use M5 Junction 10 and thereby reduce pressure on Junction 11 and local roads. The Link Road will include a segregated cycleway and footway, and a single span bridge will be constructed over the River Chelt. 

A copy of the Order is available to view online on the Planning Inspectorate website at: https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/TR010063  

A hard copy of the Order has also been deposited at the following locations and may be inspected at all reasonable hours.

A person aggrieved by the Order may challenge the Order only in accordance with section 118 of the Planning Act 2008, which stipulates that any proceeding must be brought by filing a claim form for judicial review before the end of the period of 6 weeks beginning with the day after the day on which the Order was published (or, if later, the day on which the statement of reasons for making the Order was published).

Once the provision in the Order authorising compulsory acquisition comes into force Gloucestershire County Council may acquire any of the land (including any existing rights and/or new rights) 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.

Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give Gloucestershire County Council information about the person’s name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3 and should be returned to Gloucestershire County Council at:

Email: m5junction10@atkinsrealis.com 

Post: M5 J10 Improvement Scheme, Highways Commissioning, Block 5, 6th Floor East, Shire Hall, Gloucester GL1 2TH

Phone: 01454 662377

Schedule 1
Description of the land, existing rights and the new rights
The Order land (as defined in Article 2 of the Order) is shown on the Land Plans (as defined in Article 2 of the Order) and described in the deposited Book of Reference (as defined in Article 2 of the Order) within the administrative boundaries of Cheltenham Borough, Tewkesbury Borough, and Gloucestershire County.

This notice relates to so much of the Order land as shown on the land plans:

• shaded pink: compulsory acquisition of all interests and rights in land including, as required, subsoil and surface land or airspace.

• shaded blue: creation and compulsory acquisition of new rights including, where necessary, a right to impose restrictive covenants.

In respect of the land subject to powers of compulsory acquisition, the Order authorises Gloucestershire County Council to:

• Acquire so much of the Order land as is specified by article 21 (compulsory acquisition of land) as is required to carry out, or to facilitate it or as is incidental to the authorised development.

• Acquire such rights over the Order land, by creating them as well as acquiring rights already in existence, and impose such restrictive covenants over the Order land as is authorised by article 24 (compulsory acquisition of rights and imposition of restrictive covenants). 

• Extinguish, pursuant to article 26, existing private rights over land acquired and extinguish existing rights insofar as their continuance is inconsistent with a right acquired or a restrictive covenant imposed.

• In the case of the Order land specified in column (1) of Schedule 5 (land in which only new rights etc. may be acquired), acquire such wayleaves, easements, new rights in the land or the imposition of restrictive covenants as may be required for or in connection with the authorised development for the purposes specified in column (2) in relation to the numbered works identified in column (3).

• Acquire so much of the subsoil of and airspace over the land referred to in paragraph (1) of article 29 (acquisition of subsoil or airspace only) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of that land.

Details of rights sought to be acquired by Gloucestershire County Council are set out in Schedule 5 of the Order.

Schedule 2
Statement on the effect of parts 2 and 3 of the
Compulsory Purchase (Vesting Declarations) Act 1981
Power to execute a general vesting declaration

1. Once ta2025 which authorises compulsory acquisition comes into force, the acquiring authority (hereinafter called Gloucestershire County Council) may acquire any of the land (including any existing rights and/or new rights) 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 Gloucestershire County Council at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration
2. As soon as may be after Gloucestershire County 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 notice of the authorisation of compulsory acquisition. 

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 Gloucestershire County Council together with the right to enter on the land and take possession of it. 

Every person on whom Gloucestershire County 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 the 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 them to terminate the tenancy while the tenant will use every opportunity to retain or renew their interest.

5. The modifications are that Gloucestershire County 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
M5 Junction 10 Development Consent Order 2025
To: Gloucestershire County Council
[I] [We] (delete as applicable) being [a person] [persons] (delete as applicable) 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 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] (delete as applicable) that land, give you the following information, pursuant to section 134(7)(cza) of the Planning Act 2008.

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 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, e.g. name of building society and roll number.