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Devon - Compulsory Purchase Order 2025
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THE DEVON COUNTY COUNCIL
(CULLOMPTON TOWN CENTRE RELIEF ROAD) COMPULSORY PURCHASE ORDER 2025
The Highways Act 1980 and the Acquisition of Land Act 1981
The Highways Act 1980
1. Notice is hereby given that the Secretary of State for Transport, in exercise of their powers under the above Acts, on 19 June 2026 confirmed with modifications the order submitted by Devon County Council.
2. The order as confirmed with modifications provides for the purchase for the purposes of i) ("the Scheme Works"):
(a) Facilitating the construction of a new highway in Mid Devon between Station Road, Cullompton and Duke Street, Cullompton which 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; and
(b) mitigating the adverse effect which the existence or use of the proposed highway works will have on its surroundings; and
(c) use by the acquiring authority in connection with the construction and improvement of highways, bridleways and footpaths.
ii) giving in exchange for the new rights and the land referred to in subparagraph
i) above the open space land of the land and the new rights described in Schedule 1 hereto.
3. A copy of the order as confirmed with modifications and of the map referred to therein have been deposited at Devon County Council, Main Reception, County Hall, Topsham Road, Exeter, EX2 4QD and may be seen at all reasonable hours.
A copy of the order which gives details as to the extent, description and situation of the land included in the order and of the map may be viewed online at https://www.devon.gov.uk/roads-and-transport/traffic-information/transport-planning/
4. The order as confirmed with modifications becomes operative on the date on which this notice is first published in a newspaper. 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, 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 County Hall, Topsham Road, Exeter, 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.
7. Devon County Council 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 its published or, if the order is subject to special parliamentary procedure, the date on which the order becomes operative under the Statutory Orders (Special Procedure) Act 1945.
SCHEDULE 1
DESCRIPTION OF LAND AND THE NEW RIGHTS COMPRISED IN THE ORDER AS CONFIRMED
IN THE DISTRICT OF MID DEVON
• All interests in 399 square metres of commercial land on the south side of Station Road
• A right of access and occupation with or withoutworkmen, vehicles, machinery plant and equipment over the land in connection with the construction of the Scheme Works in 199 square metres of commercial land on the south side of Station Road for the duration of the Scheme Works only.
• All interests in 18 square metres of residential land on the south side of Station Road
• All interests in 17,969 square metres of agricultural land on the south side of Station Road
• All interests in 11,958 square metres of agricultural land on the south side of Station Road
• An easement to create and use a flood storage area in 14,993 square metres of grassland on the east side of the M5
• A right of access and occupation with or without workmen, vehicles, machinery plant and equipment over the land in connection with the facilitation of the Scheme Works in 25,798 square metres of grassland on the east side of the M5 for the duration of the Scheme Works only
• All interests in 18,029 square metres of football grounds and open space on the north side of Duke Street
• An easement to underground overhead service media (electricity mains) and thereafter retain, inspect, maintain, repair, alter, use, renew, replace and remove that service media in 1,731 square metres of football grounds and open space on the north side of Duke Street
• A right of access and occupation with or without workmen, vehicles, machinery plant and equipment over the land in connection with the facilitation of the Scheme Works in 44,007 square metres of football grounds and open space on the north side of Duke Street the duration of the Scheme Works only
• All interests in 317 square metres of residential curtilage on the south side of Duke Street
• All interests in 1,967 square metres of bowling grounds on the north side of Duke Street
• All interests in 10,008 square metres of cricket grounds on the north side of Duke Street
• All interests in 16,005 square metres of grassland on the east side of Rivermead
• All interests in 5,095 square metres of agricultural land on the south side of Duke Street
• A right of access and occupation with or without workmen, vehicles, machinery plant and equipment over the land in connection with the facilitation of the Scheme Works in 44,007 square metres of agricultural land on the south side of Duke Street for the duration of the Scheme Works only
• All interests in 5,457 square metres of embankments and woodland on the north side of Duke Street
• A right of access and occupation with or without workmen, vehicles, machinery plant and equipment over the land in connection with the facilitation of the Scheme Works in 6.4 square metres of embankments and woodland on the north side of Duke Street for the duration of the Scheme Works only
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 order has become operative, Devon County Council (hereinafter called "the Authority") 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 Authority at the end of one of the periods mentioned in paragraph 2 below.
Notices concerning general vesting declaration
2. As soon as may be after the Authority 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 (unless the expedited procedure is used under sections 4A and 4B of the Act), will begin to run.
The Authority may use the expedited procedure where: (1) the land is unoccupied by reason of disrepair, neglect, contamination, or risk to health or safety, the Authority considers the land is unfit for its ordinary use; or (2) the Authority has been unable to identify any person with an interest in the land.
Where the expedited procedure is available, a period of not less than six weeks will begin to run. On the first day after the end of the relevant period, the land described in the declaration will, subject to what is said in paragraphs 4 and 5, vest in the Authority together with the right to enter onto the land and take possession of it.
Every person on whom the Authority 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 relevant period mentioned in paragraph 2 above, unless: (1) a counter-notice is served under Schedule Al to the Act within that period, in which circumstances the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule Al, or (2) the Authority enters into an agreement with the owner of any interest in the land to vary that vesting date.
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", being a tenancy for a year or a yearly tenancy or lesser interest, or "a longer 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 to open to them to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.
5. The modifications are that the Authority 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 the 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 (Cullompton Town Centre Relief Road) Compulsory Purchase Order 2025
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) .........................
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 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: 30 June 2026 (Ref. BLD/B16451)
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