Dinan Way Extension, Exmouth - Compulsory Purchase Order.

THE DEVON COUNTY COUNCIL

(DINAN WAY EXTENSION, EXMOUTH)

COMPULSORY PURCHASE ORDER 2023

The Highways Act 1980 and the Acquisition of Land Act 1981

1. Notice is hereby given that the Secretary of State for Transport, in exercise of his powers under the above Acts, on 16 July 2024 confirmed with modifications the Devon County Council (Dinan Way Extension, Exmouth) Compulsory Purchase Order 2023, submitted by the Devon County Council.

2. The order as confirmed provides for the purchase for the purposes of the following -

(a) securing land and executing works to facilitate the development and improvement of existing highway by the implementation of a scheme to undertake works from the junction of Dinan Way/Hulham Road to the A376 Exmouth Road in Exmouth, East Devon ("the Scheme"), which scheme is likely to contribute to the achievement of the promotion or improvement of the economic, social or environmental well-being of the acquiring authority's area, such works to include:

(i) from the A376 Exmouth Road to Hulham Road, Exmouth, Devon constructing a new 6.5 metre wide single carriageway with a roundabout at either end;

(ii) constructing a combined footway/cycleway adjacent to the carriageway.

(b) use of the land in connection with the construction of the Scheme

(c) mitigating the adverse effect which the existence or use of the proposed highway works will have on its surroundings; and

(d) use by the acquiring authority in connection with the construction and improvement of highways, cycleways and footpaths. of the land and new rights described in Schedule 1 hereto.

3. A copy of the order as confirmed by the Secretary of State for Transport and of the map referred to therein have been deposited at:

a. Devon County Council, Main Reception, County Hall, Topsham Road, Exeter, EX2 4QD

(Mon-Thurs 8:30-17:30 and Fri 8:30-17:00)

b. East Devon District Council, Exmouth Town Hall, St Andrew's Road, Exmouth, EX8 1AW

(Mon - Thurs 9:00 -17:00 and Fri 9:00 - 16.30) and

c. electronic copies may be obtained by contacting transportplanning@devon.gov.uk

And may be seen at all reasonable hours.

4. The order as confirmed becomes operative on the date 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 Devon County Council 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.

6. Every person who, if a general vesting declaration were executed under section 4 of that Act in respect of the land comprised in the order (other than land in respect of which notice to treat has been given), would be entitled to claim compensation in respect of any such land, is invited to give information to the Devon County Council at Devon County Council, Legal Services, County Hall, Topsham Road, Exeter, Devon, EX2 4QD 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 IN THE DISTRICT OF EAST DEVON

• All interests in 377 square metres of hedge and grassland on the east side of Exmouth Road, Lympstone

• All interests in 31342 square metres of hedge and grassland at Harefield Estate, Lympstone, EX8 5AU

• An easement for the creation, maintenance of surface water drainage in 17379.8 square metres of hedge and grassland at Harefield Estate, Lympstone, EX8 5AU

• All interests in 5167 square metres of hedge and grassland at Summerfield House, Lympstone, EX8 5BD

• All interests in 271 square metres of grassland on the North Side of Summer Lane, Exmouth

• All interests in 1250 square metres of woodland and grassland at Reservoir, Summer Lane, Lympstone, EX8 5BD

• All interests in 2296 square metres of hedge and grassland adjoining Old Slaughter House, Lympstone, EX8 5BA

• All interests in 1776 square metres of a caravan site and residential garden at Greenacres, Exmouth, EX8 5BA

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 Devon County Council (Dinan Way Extension, Exmouth) Compulsory Purchase Order 2023 has become operative, the Devon County Council (hereinafter called "the Council") 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 Council at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

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

The Devon County Council

(Dinan Way Extension, Exmouth) Compulsory Purchase Order 2023

To: Devon County Council

[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)

(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.

Maria Price

Director of Legal and Democratic Services, Devon County Council, County Hall, Topsham Road, Exeter EX2 4QD

Dated: 7 August 2024

(Ref. DEV001/250)