Edinburgh, West Edinburgh Link - Notice of a Compulsory Purchase order.

THE CITY OF EDINBURGH COUNCIL

THE ROADS (SCOTLAND) ACT 1984 AND THE ACQUISITION OF LAND 

(AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947

THE CITY OF EDINBURGH COUNCIL (WEST EDINBURGH LINK: 

SOUTHERN AND CENTRAL SECTIONS) COMPULSORY PURCHASE ORDER 2023

Notice is hereby given that the Scottish Ministers, in exercise of the powers conferred by paragraph 4(2) of the First Schedule to the Acquistion of Land (Authorisation) (Procedure) Scotland) Act 1947 have confirmed The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023, submitted by the City of Edinburgh Council (hereinafter referred to as “the acquiring authority”). The Order as confirmed provides for the purchase for the purposes of the construction, maintenance, repair, improvement and inspection of and use as cycle track, footway and carriageway comprising parts of the West Edinburgh Link of the land and rights in land described in the Schedule hereto.

A copy of the Order as confirmed by the Scottish Ministers and of the maps referred to therein have been deposited at the Edinburgh City Chambers, 253 High Street, Edinburgh, EH1 1YJ and may be seen there without payment of fee during the hours of 8.30am and 5pm Monday to Thursday and during the hours of 8.30am and 3.40pm on Friday.

The Order as confirmed becomes operative on 31 January 2025 being the date on which this notice is first published; but person aggrieved by the Order may in accordance with the provisions of paragraph 15 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as extended by Section 60 of the Land Compensation (Scotland) Act 1973, by application to the Court of Session within 6 weeks from that date, question its validity on the grounds (i) that the authorisation granted by the Order is not empowered to be granted or (ii) that the applicant’s interest have been substantially prejudiced by failure to comply with any statutory requirement relating to the Order.

The acquiring authority may acquire the land to which this notice relates by making a general vesting declaration under section 195 of the Town and Country Planning (Scotland) Act 1997. Such a declaration shall not be executed before the end of the period of two months beginning with the date of the first publication of this notice except with the consent of every occupier of the land affected. The effect of the making of such a declaration is to vest the land in the acquiring authority at the end of the appropriate period and is more fully explained in Form 8 (statement to be included in Form 4 when a general vesting declaration is to be made) contained in the Compulsory Purchase of Land (Scotland) Regulations 2003. A copy of the said Regulations has also been deposited and may be seen as aforesaid.

Persons entitled to claim compensation in respect of any interest in the land are invited to give information with respect to their name and address and the land and their interest therein on the prescribed form, a copy of which will be sent by the acquiring authority on application to City of Edinburgh Council contact, Lottie Flood: Lottie.Flood@edinburgh.gov.uk.

SCHEDULE

Land comprised in the Order as confirmed

Plot Number Description of the Land or Right to be Acquired

1    A pproximately 26.52 square metres or thereby of land on the south side of Glasgow Road, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 1 on the map signed with reference to this Order and marked “This is Map 1 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects described in the Disposition by Robert Allison in favour of International Caledonian Assets Limited recorded in the Division of the General Register of Sasines for the County of Midlothian on 4 March 1974.

2    A pproximately 11.29 square metres or thereby of land on the south side of Glasgow Road, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 2 on the map signed with reference to this Order and marked “This is Map 1 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects described in Disposition by Robert Allison in favour of International Caledonian Assets Limited recorded in the Division of the General Register of Sasines for the County of Midlothian on 4 March 1974.

2A A  heritable and irredeemable servitude right in, on, over or under approximately 11.19 square metres or thereby of land on the south side of Glasgow Road, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 2A on the map signed with reference to this Order and marked “This is Map 1 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 2 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), (ii) to use the burdened property as a construction working area and (iii) to carry out excavation works, civils works and reinstatement works, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects described in Disposition by Robert Allison in favour of International Caledonian Assets Limited recorded in the Division of the General Register of Sasines for the County of Midlothian on 4 March 1974.

3    A pproximately 458.39 square metres or thereby of land to the north of South Gyle Broadway, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 3 on the map signed with reference to this Order and marked “This is Map 2 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects described in the Disposition by the City of Edinburgh District Council in favour of Wimpey Homes Holdings Limited recorded in the Division of the General Register of Sasines for the County of Midlothian on 5 October 1990.

3A A  heritable and irredeemable servitude right in, on, over or under approximately 853.94 square metres or thereby of land to the north of South Gyle Broadway, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 3A on the map signed with reference to this Order and marked “This is Map 2 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 3 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), (ii) to use the burdened property as a construction working area, (iii) to carry out works to lop, cut or remove any trees, shrubs, bushes or vegetation, (iv) to carry out works to construct a new footway and edging kerb on the benefited property including excavation works, civils works and reinstatement works related thereto and (v) to carry out works to re-grade the verge or surface level of the burdened property, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects described in Disposition by City of Edinburgh District Council in favour of Wimpey Homes Holdings Limited recorded in the Division of the General Register of Sasines for the County of Midlothian on 5 October 1990.

4    A pproximately 57.05 square metres or thereby of land to the south of South Gyle Broadway, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 4 on the map signed with reference to this Order and marked “This is Map 2 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID159595.

4A A  heritable and irredeemable servitude right in, on, over or under approximately 28.77 square metres or thereby of land to the south of South Gyle Broadway, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 4A on the map signed with reference to this Order and marked “This is Map 2 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 4 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property) and (ii) to use the burdened property as a construction working area, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID159595.

5    A pproximately 29.88 square metres or thereby of land at the junction of South Gyle Crescent and South Gyle Park, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 5 on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID102866.

5A A  heritable and irredeemable servitude right in, on, over or under approximately 39.13 square metres or thereby of land at the junction of South Gyle Crescent and South Gyle Park, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 5A on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 5 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), (ii) to use the burdened property as a construction working area, (iii) to carry out works to lop, cut or remove any trees, shrubs, bushes or vegetation and any associated reinstatement works and (iv) to carry out works to construct a new footway and edging kerb on the benefited property including excavation works, civils works and reinstatement works related thereto, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID102866.

6    A pproximately 203.91 square metres or thereby of land at the junction of South Gyle Crescent and South Gyle Park, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 6 on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID102866.

6A A  heritable and irredeemable servitude right in, on, over or under approximately 127.82 square metres or thereby of land at the junction of South Gyle Crescent and South Gyle Park, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 6A on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 6 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), (ii) to use as a construction working area, (iii) to carry out works to lop, cut or remove and trees, shrubs, bushes or vegetation and any associated reinstatement works and (iv) to carry out works to remove and reinstate monolith signage, construction of a new footway and edging kerb on the benefited property and formation of embankments on the benefited property including excavation, civils works and reinstatement works related thereto, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID102866.

7    A pproximately 53.37 square metres or thereby of land at the junction of Redheughs Avenue and South Gyle Crescent, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 7 on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID151567.

7A A  heritable and irredeemable servitude right in, on, under or over approximately 20.97 square metres or thereby of land at the junction of Redheughs Avenue and South Gyle Crescent, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 7A on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 7 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), (ii) to use the burdened property as a construction working area, and (iii) to carry out works to reinstate and reset paving, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID151567.

8    A pproximately 3.37 square metres or thereby of land at the junction of Redheughs Avenue and South Gyle Crescent, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 8 on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects the subjects registered in the Land Register of Scotland under Title Number MID99388.

8A A  heritable and irredeemable servitude right in, on, over or under approximately 87.95 square metres or thereby of land at the junction of Redheughs Avenue and South Gyle Crescent, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 8A on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plots 7, 8 and 8B (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited properties), (ii) to use as a construction working area, (iii) to carry out works to lop, cut or remove any trees, shrubs, bushes or vegetation and associated reinstatement works, (iv) to carry out works to construct a new footway and edging kerb on the benefited properties and (v) to carry out works to form embankments on the benefited properties including excavation works, civils works and reinstatement works related thereto, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID99388.

8B  Approximately 53.32 square metres or thereby of land at the junction of Redheughs Avenue and South Gyle Crescent, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 8B on the map signed with reference to this Order and marked “This is Map 3 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID99388.

9    A pproximately 651.29 square metres or thereby of land to the east of Bankhead Avenue, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 9 on the map signed with reference to this Order and marked “This is Map 4 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects described in Disposition and Deed of Entail by the Right Honourable Sholto George Watson Douglas, Earl of Morton dated 16 May and recorded in the Register of Entails on 19 June and in the Division of the General Register of Sasines for the County of Midlothian on 10 July, all in the year 1906.

10  A  heritable and irredeemable servitude right in, on, under or over approximately 13.76 square metres or thereby of land to the east of Bankhead Avenue, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 10 on the map signed with reference to this Order and marked “This is Map 5 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) to construct, maintain, repair, improve, inspect and use carriageway, cycle track and footway and raised table junction crossing with associated drainage and (ii) of access and egress at all times for pedestrians and vehicles (including heavy vehicles and equipment) over the burdened property for the purpose of constructing, maintaining, repairing, improving and inspecting cycle track and footway on Plot 11 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID168880.

11  A pproximately 31.38 square metres or thereby of land to the east of Bankhead Avenue, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 11 on the map signed with reference to this Order and marked “This is Map 5 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID177400.

11A  A heritable and irredeemable servitude right in, on, over or under approximately 29.29 square metres or thereby of land to the east of Bankhead Avenue, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 11A on the map signed with reference to this Order and marked “This is Map 5 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 11 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), (ii) to use as a construction working area, (iii) to lop, cut or remove any trees, shrubs, bushes or vegetation and associated reinstatement works, (iv) to carry out works to construct a new cycle track and edge kerbing on the benefited property including excavation works, civils work and reinstatement works, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under Title Number MID177400.

12  A pproximately 211.49 square metres or thereby of land to the east of Bankhead Avenue and the north of Calder Road, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 12 on the map signed with reference to this Order and marked “This is Map 5 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under MID108752.

12A A  heritable and irredeemable servitude right in, on, over or under 20.73 square metres or thereby of land to the east of Bankhead Avenue, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 12A on the map signed with reference to this Order and marked “This is Map 5 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) to construct, maintain, repair, improve, inspect and use carriageway, cycle track and footway and raised table junction crossing with associated drainage and (ii) of access and egress at all times for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 12 over the burdened property for the purpose of constructing, maintaining, repairing, improving and inspecting cycle track and footway on Plot 12 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under MID108752.

12B A  heritable and irredeemable servitude right in. on, over or under approximately 370.75 square metres or thereby of land to the east of Bankhead Avenue and the north of Calder Road, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 12B on the map signed with reference to this Order and marked “This is Map 5 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 12 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property), (ii) to use as a construction working area, (iii) to lop, cut or remove any trees, shrubs, bushes or vegetation and associated reinstatement works, (iv) to carry out works to remove and reinstate boundary features, (v) to carry out works to remove and reinstate monolith signage, (vi) to carry out works to construct a new cycle track and edging kerb on the benefited property and (vii) to carry out works to form, construct and install embankments and retaining wall on the benefited property including excavation works and reinstatement works, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects registered in the Land Register of Scotland under MID108752.

13  A  heritable and irredeemable servitude right in, on, over or under approximately 92.09 square metres or thereby of land to the north of Calder Road, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 13 on the map signed with reference to this Order and marked “This is Map 5 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (the “Servitude Rights”) hereby nominated and identified as the burdened property) (i) to construct, maintain, repair, improve, inspect and use carriageway, cycle track and footway and raised table junction crossing with associated drainage and (ii) of access and egress at all times for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 12 over the burdened property for the purpose of constructing, maintaining, repairing, improving and inspecting cycle track and footway on Plot 12 (which subjects are for the purposes of this Servitude Rights hereby nominated and identified as the benefited property), as the said burdened property forms part and portion of ALL and WHOLE of the subjects registered in the Land Register of Scotland under Title Number MID75568.

14  A pproximately 141.69 square metres or thereby of land at the junction of Calder Road and Wester Hailes Road, Edinburgh being the subjects shown delineated in red and coloured pink and identified as Plot 14 on the map signed with reference to this Order and marked “This is Map 6 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” and forming part and portion of ALL and WHOLE the subjects described in Feu Charter by the Lord Provost, Magistrates and Council of the City of Edinburgh to The Church of Scotland General Trustees recorded in the Division of the General Register of Sasines for the County of Midlothian on 30 November 1939.

14A A  heritable and irredeemable servitude right in, on, over or under approximately 134.86 square metres or thereby of land at the junction of Calder Road and Wester Hailes Road, Edinburgh being the subjects shown delineated in red and coloured blue and identified as Plot 14A on the map signed with reference to this Order and marked “This is Map 6 of 6 referred to in The City of Edinburgh Council (West Edinburgh Link: Southern and Central Sections) Compulsory Purchase Order 2023” (which subjects are for the purposes of the following servitude rights (“the Servitude Rights”) hereby nominated and identified as the burdened property) (i) of access and egress for pedestrians and vehicles (including heavy vehicles and equipment) to and from Plot 14 (which subjects are for the purposes of the Servitude Rights hereby nominated and identified as the benefited property) (ii) to use as a construction working area, (iii) to lop, cut or remove any trees, shrubs, bushes or vegetation and associated reinstatement works, (iv) to carry out works to remove and reinstate boundary features, (v) to carry out works to construct a new cycle track and edging kerb on the benefited property and (vi) to carry out works to form, construct and install embankments on the benefited property including excavation works and reinstatement works, in each case for the duration of the works to construct carriageway, cycle track and footway comprising part of the West Edinburgh Link, as the said burdened property forms part and portion of ALL and WHOLE the subjects described in Feu Charter by the Lord Provost, Magistrates and Council of the City of Edinburgh to The Church of Scotland General Trustees recorded in the Division of the General Register of Sasines for the County of Midlothian on 30 November 1939.