Guildford, Authorisation Of Compulsory Acquisition

national highways

NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008 THE M3 JUNCTION 9

DEVELOPMENT CONSENT ORDER 2024

FOR THE ATTENTION OF PERSONS OCCUPYING OR HAVING AN INTEREST IN THE LAND DESCRIBED BELOW 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 16 May 2024, includes provision authorising the compulsory acquisition of land, of existing rights over land, and of rights over land by creating new rights over it, as described in Schedule 1 to this notice. The Order includes provision authorising the acquisition for the purpose of the construction, operation and maintenance of the M3 Junction 9 Improvement Scheme ("the Scheme"), which involves the alteration of junction 9 of the M3 which connects south Hampshire and the wider sub-region with London via the M3 and the Midlands and the North via the A34. The improvements proposed as part of the Scheme both maintain existing connectivity on the road network, whilst providing enhanced capacity, simplified routing, improved facilities for walking, cycling and horse-riding routes, and landscaping enhancements. The Scheme would provide new free flow links between the M3 and A34 as well as a dedicated new A33 alignment.

The Scheme, defined in article 2 of the Order as the "authorised development" consists of the following:

• Widening of the M3 from a dual two-lane motorway (two-lane motorway with hard shoulders) to a four-lane motorway (with hard shoulders) between the proposed M3 Junction 9 gyratory north and south slip roads;

• A new smaller grade separated gyratory roundabout arrangement within the footprint of the existing roundabout incorporating new connections over the M3 with improved walking, cycling and horse-riding routes;

• Connector roads to/from the new gyratory roundabout;

• Improved slip roads to/from the M3;

• New structures (in the form of gyratory bridges, underpasses, retaining walls, subway and a new cycle and footbridge over the River Itchen);

• A new surface water runoff system with associated drainage and infiltration features;

• New signage and gantries;

• Utility diversions;

• New lighting (subways, underpasses and gantries);

• Modifications to topography through cuttings and false cuttings as well as re-profiling of existing landform;

• New walking, cycling and horse-riding provision; and

• Creation of new areas of chalk grassland, woodland, scrub planting and species rich grassland.

A copy of the Order as made by the Secretary of State for Transport (together with the Secretary of State's Decision Letter and the Examining Authority's Report of Recommendation), and a copy of the Land Plans and the Book of Reference referred to in the Order, together with National Highways' Statement of Reasons in support of the Order, can all be viewed online, free of charge, on the M3 Junction 9 Improvement Scheme project page of the National Infrastructure Planning website: https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/TR010055 (please note: while the latest version of the Statement of Reasons is Revision 5, the latest version of Annex A, explaining on a plot-by-plot basis why the land is required, is contained in Revision 3. Please ensure when consulting the Statement of Reasons that you refer to both Revision 3 for Annex A and Revision 5 for the rest of the document).

Hard copies of the above-mentioned documents will be made available for public inspection as soon as practicable and at all reasonable hours at the locations listed below. The opening times may be subject to change (we recommend that you contact the venues to check before visiting).

Schedule 2

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

1. Once the provision in the M3 Junction 9 Development Consent Order 2024 ("the Order") which authorises compulsory acquisition comes into force, the acquiring authority (hereinafter called National Highways) 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") as modified by the Order. This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in National Highways at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after National Highways 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 National Highways together with the right to enter on the land and take possession of it. Every person on whom National Highways 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 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 him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.

5. The modifications are that National Highways 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.

Chris Welby-Everard Regional Delivery Director M3 Junction 9 Improvement Scheme For and on behalf of National Highways

Date: 29 May 2024

Schedule 3

Form for giving information

The M3 Junction 9 Development Consent Order 2024

To: The M3 Junction 9 Improvement Scheme Project Team at National Highways, either:

By post: M3 Junction 9, National Highways, Bridge House, Walnut Tree Close, Guildford, GU1 4LZ; or By email: M3Junction9Improvements@nationalhighways.co.uk

Reference:

[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) (see explanatory note (i) below) information, pursuant to section (7)(cza) of the Planning Act 2008. 1. Name and address of informant(s) (see explanatory note (i) below)

Location - Winchester Visitor Information Centre Guildhall, High Street, Winchester, Hampshire SO23 9GH Opening times Monday to Saturday: 10am to 5pm Sundays and Bank Holidays: 10am to 3pm

Location - Winchester City Council - Customer Services Centre City Offices, Colebrook Street, Winchester Hampshire SO23 9LJ Opening times Monday to Thursday: 8.30am to 5pm Friday: 8.30am to 4.30pm Closed weekends

Location Tesco Extra Easton Lane, Winchester, Hampshire SO23 7RS Opening times Monday to Saturday: 6am to Midnight Sunday: 10am to 4pm

Electronic copies (on USB) of the documents can be provided free of charge; if you require the documents on a USB, please contact National Highways to make your request via one of the contact options below and please also confirm the address to which you would like the USB to be delivered:

• Email: M3Junction9Improvements@nationalhighways.co.uk

• Post: M3 Junction 9, National Highways, Bridge House, Walnut Tree Close, Guildford, GU1 4LZ

• Telephone: 0300 123 5000

Alternatively, you can request hard copies from National Highways, using the contact details above. When making a request for hard copies, please specify which documents you require (please note that only relevant excerpts of the Land Plans and the Book of Reference will be made available in hard copy) and the address to which you would like them to be delivered.

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, National Highways 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 of the effect of Parts 2 and 3 of that Act is set out in Schedule 2 to this notice. Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give National Highways information (by post, addressing the enclosed reply envelope to M3 Junction 9, National Highways, Bridge House, Walnut Tree Close, Guildford, GU1 4LZ; or by email to M3Junction9Improvements@nationalhighways.co.uk) about the person's name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3 to this notice.

Schedule 1

Description of the land, existing rights and the new rights

The Order land (as defined in article 2 of the M3 Junction 9 Development Consent Order 2024 ("the Order")) is shown on the Land Plans and a short textual description of each numbered plot (as identified on the Land Plans) is included in the Book of Reference. The powers of compulsory acquisition authorised by the Order relate to so much of the Order land as is shown shaded pink and shaded blue on the Land Plans ("the land subject to powers of compulsory acquisition"). The Order land is required to enable the construction, operation and maintenance of the Scheme. The Scheme is situated within the county of Hampshire. Junction 9 of the M3 connects south Hampshire and the wider sub-region with London via the M3, and with the Midlands and the North via the A34. In respect of the land subject to powers of compulsory acquisition, the Order authorises National Highways to:

a) acquire so much of the Order land as is specified by article 24 (compulsory acquisition of land) of the Order for the authorised development, or to facilitate it, or as is incidental to it;

b) acquire such rights over the Order land, by creating them as well as by acquiring rights already in existence, and impose such restrictive covenants over the Order land as is authorised by article 27 (compulsory acquisition of rights and imposition of restrictive covenants) of the Order;

c) extinguish 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, under the Order;

d) in the case of the Order land specified in column (1) of Schedule 5 to the Order (land in which 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) of Schedule 5 in relation to the numbered works identified in column (3) of Schedule 5; and

e) acquire so much of the subsoil of and airspace over the land referred to in paragraph (1) of article 24 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

This notice relates to so much of the land subject to powers of compulsory acquisition authorised by the Order as is described in the Book of Reference and as is shown on the Land Plans where it is:

• shaded pink (denoting permanent acquisition of all interests in land); and

• shaded blue (denoting new rights to be acquired permanently).

2. Land in which an interest is held by informant(s) (see explanatory note (ii) below)

3. Nature of interest (see explanatory note (iii) below)

4. Details of any tenancy arrangements affecting the land/property (if different from interests identified at #3 above - see note (iv) below)

Signed...................................................................................................................................
On behalf of............................................................................................................................. Date........................................................................................................................................

(i) In the case of a joint interest insert the names and addresses of all the informants

• 'Informants' means the person(s) completing this form to provide National Highways with information about land ownership/interests in land.

• Where the form is being completed by an agent acting on behalf of a landowner or occupier, please also provide the name(s) of the landowner(s) or occupier(s) (and please specify which person is the agent and which is the landowner/occupier).

(ii) The land should be described concisely

• It may be helpful to refer to the relevant plot numbers used to identify the land in the Schedule to the above notice.

(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.

(iv) If providing information about a tenancy (where this has not already been given in response to question 3) please provide details of the type or length of the tenancy and the basis (if any) on which it may be renewed (e.g. if it is a tenancy which runs from year to year, or for any shorter or longer period). Please also provide details of the length of the remaining term of the tenancy.

Returning the Form

Please complete the Form for giving information (at Schedule 3 to the notice) and return it to National Highways, M3 Junction 9 Improvement Scheme, either:

• by post (sending it to the postal address at the top of the form); or

• by email (sending a scanned copy by email to the email address at the top of the form). Handling of personal data

National Highways, its subsidiaries and service providers, will process your personal information for the purpose of implementing the M3 Junction 9 Development Consent Order 2024, including its compulsory acquisition powers, and to comply with related Government guidelines. Your personal information will be properly safeguarded and processed in accordance with the requirements of privacy and data protection legislation. To find out more about how National Highways handles personal data please visit https://nationalhighways.co.uk/about-us/privacy-notice/.