NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008Notice ID: SUT1711444
NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008
THE RIVERSIDE ENERGY PARK ORDER 2020 NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION
The above Order, made under the Planning Act 2008 by the Secretary of State for Business, Energy, & Industrial Strategy and published on 9 April 2020, includes provision authorising the compulsory acquisition of land, of existing rights over land, of a right over land by creating a new right over it as described in Schedule 1. The Order includes provision authorising the acquisition For the purposes of the construction, operation and maintenance of the Riverside Energy Park ("REP") located adjacent to the existing Riverside Resource Recovery Facility within the London Borough of Bexley, and its associated electrical connection to the Littlebrook substation in Dartford, Kent. The main elements of the authorised development (as defined in article 2 of the Order) are as follows:
? Energy recovery facility to provide thermal treatment of commercial and industrial residual (non-recyclable) waste with the potential for treatment of (non-recyclable) municipal solid waste;
? Anaerobic digestion facility to process food and green waste;
? Solar photovoltaic installation to generate electricity;
? Battery storage to store and supply additional power to the local distribution network;
? On site combined heat and power infrastructure;
? Electrical connection from the REP to the existing National Grid Littlebrook substation in Dartford.
Public inspection of the Order, together with other relevant information, is available via the Planning Inspectorate's website and via the REP project website at the following addresses:
Planning Inspectorate website:
In addition, hard copies of the Order, statement of reasons, book of reference and land plans are available on request, free of charge, using the following details: Email:email@example.com
Telephone: 0330 8384254
Once the current restrictions on unnecessary movement have been lifted, a copy of the Order, statement of reasons, land plans and book of reference will be deposited at the Riverside Resource Recovery Facility, Norman Road North, Belvedere, Bexley, DA17 6JY and will be available for inspection at the following reasonable hours:
Monday to Friday 19am to 5pm
Until such time that the current restrictions on unnecessary movement are lifted, inspection of the Order should therefore be made via the websites above or by requesting a hard copy using the details set out above.
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 for judicial review during the period of 6 weeks beginning with the day on which the Order was published (or, if later, the day on which the statement of reasons for making the Order is published).
Once the provision in the Order authorising compulsory acquisition comes into force, Cory Environmental Holdings Limited 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 on the effect of Parts 2 and 4 of that Act is set out in Schedule 2.
Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give Cory Environmental Holdings Limited at George Williams and Chris Sim, Ardent Management Limited, The Brew House, Wilderspool Business Park, Greenalls Avenue, Warrington WA4 6HL information about the person's name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3. 5th May 2020 Yours Sincerely,
and the imposition of such new restrictive covenants as are specified in column (2) of that table in that Schedule; and e) so much of the subsoil of land referred to in paragraph (1) of article 22 (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. The land subject to powers of compulsory acquisition Is shown on the land plans and described in the book of reference, which may be inspected at the times and locations described in this notice and electronic copies of which are enclosed with this notice.
SCHEDULE 2 STATEMENT ON 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 Riverside Energy Park Order 2020 which authorises compulsory acquisition comes into force, Cory Environmental Holdings Limited 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"). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in Cory Environmental Holdings Limited at the end of the period mentioned in paragraph 2 below.
Notice concerning general vesting declaration
2. As soon as may be after Cory Environmental Holdings Limited executes 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 the 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 Cory Environmental Holdings Limited together with the right to enter on the land and take possession of it. Every person on whom Cory Environmental Holdings Limited 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 Cory Environmental Holdings Limited 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 Riverside Energy Park Order 2020 To: George Williams and Chris Sim, Ardent Management Limited, The Brew House, Wilderspool Business Park, Greenalls Avenue, Warrington WA4 6HL [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 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 section 134(7)(cza) of the Planning Act 2008. 1. Name and address of informant(s) (see explanatory note (i) below)
Andy Pike Director
SCHEDULE 1 DESCRIPTION OF THE LAND, EXISTING RIGHTS AND NEW RIGHTS
The Order land (as defined in article 2 of the Riverside Energy Park Order 2020 (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. This notice relates to so much of the Order land as is shown shaded pink or shaded blue on the land plans ("the land subject to powers of compulsory acquisition"). The development to which the Order relates is the Riverside Energy Park ("REP") located in Belvedere, in the London Borough of Bexley, in an area bounded to the north by the River Thames and the adjacent Thames Path long distance trail. It is bounded to the east by a boundary fence onto the adjacent undeveloped Crossness Nature Reserve, between the REP site and Thames Water's Crossness Sewage Treatment Works site, approximately 200 metres away. The electrical connection route runs southwards from the REP site along Norman Road, then in a generally south-easterly direction along Picardy Manorway, Anderson Way, Queen's Road, Northend Road and Thames Road and then in a generally easterly direction along Bob Dunn Way, then in a northerly direction along Joyce Green Lane, then running east along a private road, continuing in a generally easterly direction along an unnamed minor road, then in a northerly direction along Littlebrook Manorway, terminating at the existing Littlebrook substation in Dartford, Kent.
In respect of the land subject to powers of compulsory acquisition Cory Environmental Holdings Limited may acquire:
a) so much of the Order land as is specified by article 22 (compulsory acquisition of land) of the Order for the authorised development, or to facilitate it, or as is incidental to it;
b) such rights or restrictive covenants over the Order land, by creating them as well as by acquiring rights already in existence, as is authorised by article 24 (compulsory acquisition of rights) of the Order;
c) the extinguishment of private rights or restrictive covenants over land acquired, or in the case of land over which new rights or restrictive covenants are imposed under the Order, the suspension of those rights or, where the continuance of those existing rights or restrictive covenants would be inconsistent with the exercise by Cory Environmental Holdings Limited of rights or restrictive covenants acquired under the Order, their extinguishment;
d) in the case of the Order land specified in column (1) of the table in Schedule 7 (land in which only new rights etc. may be acquired) Cory Environmental Holdings Limited's powers of compulsory acquisition are limited to the acquisition of existing rights and the benefit
of restrictive covenants over land and the creation and acquisition of such new rights
2. Land in which an interest is held by the informant (see explanatory note (ii) below)
3. Nature of interest (see explanatory note (ill) below)
[on behalf of]...................................................................
GUIDANCE NOTES ON HOW TO COMPLETE THIS FORM
(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 Cory Environmental Holdings Limited with information about land ownership I interests in land.
(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.
(Mi) Please state the nature of the interest (e.g. freehold / leasehold / mortgage etc).
? 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.
Cory Environmental Holdings Limited, its subsidiaries and service providers will process your personal information for the purpose of implementing the Riverside Energy Park Order 2020, 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.