Ulverston, Compulsory Purchase Of New Rights

THE CADENT GAS LIMITED (WHASSETT TO BARROW HIGH PRESSURE GAS PIPELINE DIVERSION) COMPULSORY PURCHASE ORDER 2023

COMPULSORY PURCHASE OF NEW RIGHTS IN ULVERSTON, CUMBRIA

The Gas Act 1986 and the Acquisition of Land Act 1981

1. Notice is hereby given that the Secretary of State for Energy Security and Net Zero, in exercise of its powers under the above Acts, on 7 June 2024 confirmed with modifications The Cadent Gas Limited (Whassett to Barrow High Pressure Gas Pipeline Diversion) Compulsory Purchase Order 2023, submitted by Cadent Gas Limited.
2. The order as confirmed provides for the purchase for the purposes of carrying on the activities authorised by its gas transporter licence under the 1986 Act, including maintaining an efficient and economical pipeline system for the conveyance of gas, and in particular for the construction, use, operation and maintenance of a diversion of the Whassett to Barrow high pressure gas pipeline comprising underground pipelines, compound and associated development to facilitate the transfer of gas between Whassett and Barrow in Cumbria the new rights as described in Schedule 1 hereto.
3. A copy of the order as confirmed by the Secretary of State for Energy Security and Net Zero and of the maps referred to therein have been deposited at the following locations and may be seen on the following days and times.

Location	Opening Hours
Ulverston Library, Kings Rd, Ulverston, LA12 0BT	Monday – 9am -5pm Tuesday – 9am -5pm Wednesday – 9am – 1pm Thursday – 9am – 6pm Friday – 9am – 5pm Saturday – 9:30am -1pm Sunday – Closed
Ulverston Town Council Office, Country Square, Ulverston, Cumbria, LA12 7LZ	Mondays – Thursdays - 9am-1pm

4. Hard copies of the order, the order maps and the statement of reasons will be provided on request. Requests may be made by email to ellie-may.craddock@fishergerman.co.uk, by telephone on 01530 410875 or in writing to Fisher German LLP – The Estates Office, Norman Court, Ivanhoe Business Park, Ashby de la Zouch, LE65 2UZ.
5. Electronic copies of the order and the order map may be viewed at https://cadentgas.com/ulverston and can be provided on request. Please contact Fisher German LLP by email to ellie-may.craddock@fishergerman.co.uk, by telephone on 01530 410875 or in writing to Fisher German LLP – The Estates Office, Norman Court, Ivanhoe Business Park, Ashby de la Zouch, LE65 2UZ.
6. 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.
7. Once the order has become operative, Cadent Gas Limited may acquire any of the 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 below.
8. 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 Cadent Gas Limited at Fisher German LLP – The Estates Office, Norman Court, Ivanhoe Business Park, Ashby de la Zouch, LE65 2UZ or by email ellie-may.craddock@fishergerman.co.uk 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.
9. Cadent Gas Limited has a period of 3 years beginning with the date the order becomes operative to serve a notice to treat or execute a general vesting declaration. The order will become operative on the date on which this notice is first published.

SCHEDULE 1

THE NEW RIGHTS COMPRISED IN THE ORDER AS CONFIRMED

Access Rights in respect of:

Approximately 1205 square metres of the towpath north of the Ulverston Canal.

Approximately 89 square metres of green space situated north of the Ulverston Canal.

Approximately 339 square metres of the towpath north of the Ulverston Canal.

Approximately 179 square metres of agricultural land north of the Ulverston Canal.

Approximately 21 square metres of the towpath north of the Ulverston Canal.

Approximately 2018 square metres of towpath north of the Ulverston Canal.

Approximately 107 square metres of agricultural land north of the Ulverston Canal

Approximately 17 square metres of towpath north of the Ulverston Canal.

Approximately 1156 square metres of access track north of N Lonsdale Road.

Approximately 2755 square metres of agricultural land north of the Ulverston Canal.

Approximately 2557 square metres of green space south of the Ulverston Canal.

Approximately 4146 square metres of green space south of the Ulverston Canal.

Approximately 316 square metres of open public space to the south of the Ulverston Canal.

Approximately 179 square metres of agricultural land north of the Ulverston Canal.

Approximately 91 square meters of agricultural land north of the Ulverston Canal.

Approximately 534 square meters of agricultural land north of the Ulverston Canal.

Approximately 97 square metres of agricultural land north of the Ulverston Canal.

Approximately 221 square metres of agricultural land north of the Ulverston Canal.

Approximately 33 square metres of agricultural land north of the Ulverston Canal.

Approximately 2977 square metres of agricultural land north of the Ulverston Canal.

Approximately 265 square metres of agricultural land north of the Ulverston Canal.

Approximately 101 square metres of green space north of the Ulverston Canal.

Approximately 41 square metres of a watercourse north of the Ulverston Canal.

Approximately 3 square metres of a watercourse north of the Ulverston Canal.

Approximately 107 square metres of agricultural land north of the Ulverston Canal.

Approximately 117 square metres of agricultural land north of the Ulverston Canal.

Approximately 10,312 square metres of agricultural land north of the Ulverston Canal.

Approximately 555 square metres of agricultural land north of the Ulverston Canal.

Approximately 122 square metres of green space north of the Ulverston Canal.

Approximately 185 square metres of green space south of the Ulverston Canal.

Approximately 181 square metres of agricultural land north of the Ulverston Canal.

Approximately 229 square metres of agricultural land north of the Ulverston Canal.

Approximately 376 square metres of agricultural land north of the Ulverston Canal.

Approximately 57 square metres of agricultural land North of the Ulverston Canal.

Approximately 1910 square metres of agricultural land north of the Ulverston Canal.

Approximately 36 square metres of a watercourse north of the Ulverston Canal.

Approximately 5925 square metres of agricultural land north of the Ulverston Canal.

Approximately 567 square metres of green space north of the Ulverston Canal.

Approximately 393 square metres of green space south of the Ulverston Canal.

Approximately 66 square metres of green space south of the Ulverston Canal.

Approximately 18 square metres of green space south of the Ulverston Canal.

Approximately 184 square metres of green space south of the Ulverston Canal.

Approximately 316 square metres of open public space to the south of the Ulverston Canal.

Approximately 1156 square metres of access track north of N Lonsdale Road.

Approximately 172 square metres of green space south of the Ulverston Canal.

Approximately 184 square metres of green space south of the Ulverston Canal.

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 Cadent Gas Limited (Whassett to Barrow High Pressure Gas Pipeline Diversion) Compulsory Purchase Order 2023 has become operative, the Acquiring Authority (Cadent Gas Limited, hereinafter called "Cadent") may acquire any of the 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 Cadent at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after Cadent 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 Cadent together with the right to enter on the land and take possession of it. Evern person on whom Cadent could have served a notice to treat in respect of its 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 Cadent 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.

To: Cadent Gas Limited

[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

…………………………………………….………………………………………………………………….

20th June 2024

Head of Operational Land

Cadent Gas Limited