User menu

MOUNTAIN ASH CROSS VALLEY LINK COMPULSORY PURCHASE ORDER 2017

THE RHONDDA CYNON TAF COUNTY BOROUGH COUNCIL

(MOUNTAIN ASH CROSS VALLEY LINK)

COMPULSORY PURCHASE ORDER 2017

 

The Highways Act 1980 and the Acquisition of Land Act 1981

 

1. Notice is hereby given that the Rhondda Cynon Taf County Borough Council, in exercise of its powers under the above Acts, on 14th February 2018 confirmed the Rhondda Cynon Taf County Borough Council (Mountain Ash Cross Valley Link) Compulsory Purchase Order 2017 made by it (“the order”). No objections to the order were received within the permitted period and, consequently notification was given by the Welsh Ministers that the power to confirm the order may be exercised by the acquiring authority in accordance with section 14A of the Acquisition of Land Act 1981.

 

2. The order provides for the purchase of the land and the new rights described in Schedule 1 below for the purposes of:

 

i. The construction of a new bridge to form an east-west two way, three lane, link road extending for 75 metres from the Cwm Cynon development access to the B4275 Miskin Road (OS ST0598). The central lane of the link road will be used for vehicles to turn right from the new bridge onto the B4275 in a northerly direction. A three metre wide shared use cyclepath/footway will be continued on the southern side of the new bridge and lighting will be provided throughout its length.

 

ii. The improvement of Miskin Road for a length of 385 metres to a high standard, full width, 2-way carriageway incorporating a traffic signal junction at the Cross Valley Link with pedestrian crossing facilities and lighting throughout its length. A two metre wide footway will be provided along the western side of the improved Miskin Road and a three metre wide shared use cyclepath/footway will be provided from the new Cross Valley Link on the eastern side of the improved Miskin Road to Penrhiwceiber Road.

 

iii. The installation of traffic signals at the B4275 junction.

 

iv. The improvement of Glyngwyn Street at its junction with Miskin Road to make street a no through route and to provide a turning area and public car parking.

 

v. The diversion of watercourses and the carrying out of other works on watercourses in connection with the construction and improvement of the highways aforesaid.

 

vi. Use by the acquiring authority in connection with the construction and improvement of highways and diversion of watercourses.

 

vii. Mitigating any adverse effects which the existence or use of certain of the highways to be constructed or improved will have on the surrounding area.

 

3. A copy of the order and of the map referred to in the order have been deposited at mountain Ash Library, Knight Street, Mountain Ash CF45 3EY and Rhondda Cynon Taf County Borough Council, The Pavilions, Cambrian Park, Clydach Vale CF40 2XX and may be seen at all reasonable hours.

 

4. The order 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 are 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. One the order becomes operative, Rhondda Cynon Taf County Borough 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 the Compulsory Purchase (Vesting Declarations) Act 1981 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 Rhondda Cynon Taf County Borough Council at The Pavilions, Cambrian Park, Clydach Vale CF40 2XX as to their name and address and the land in question, using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.

 

SCHEDULE 1

LAND AND THE NEW RIGHTS COMPRISED IN THE ORDER AS CONFIRMED

 

Number on map - Extent, description and situation of the land

 

1. All interests in 164 square metres part of footway, verge and scrubland on the corner of Bailey Street and Miskin Road and running on the west of Miskin Road in a southerly direction, all at Miskin, Mountain Ash.

 

1A. The right against all interests to enter to construct and maintain embankments and a retaining wall over 211 square metres part of verge and scrubland on the corner of Bailey Street and Miskin Road, and running on the west of Miskin Road in a southerly direction, all at Miskin, Mountain Ash.

 

2. All interests in 145 square metres part of surrounding scrubland and 2 lockup garages on the west of Miskin Road and the east of Miskin Terrace opposite 10 Miskin Terrace, all at Miskin, Mountain Ash.

 

2A. A right to enter to construct and maintain embankments and a retaining wall over 89 square metres part of surrounding scrubland on the east of Miskin Terrace opposite 10 Miskin Terrace, all at Miskin, Mountain Ash.

 

3. All interests in 64 square metres being whole of 2 garages on land on the east of Miskin Terrace and to the north east of 5 Miskin Terrace CF45 3UD, all at Miskin, Mountain Ash.

 

4. All interests in 129 square metres of verge and embankment on the west side of Miskin Road on east of Miskin Terrace opposite 3, 4 and 5 Miskin Terrace, all at Miskin, Mountain Ash.

 

5. All interests in 23 square metres being part of the front garden of 2 Miskin Terrace CF45 3UD, all at Miskin, Mountain Ash.

 

5A. The right to enter to construct and maintain a retaining wall over 32 square metres of part of the front garden of 2 Miskin Terrace Ash CF45 3UD, all at Miskin, Mountain Ash.

 

6. All interests in 32 square metres being part of the front garden of 1 Miskin Terrace CF45 3UD, all at Miskin, Mountain Ash.

 

6A. The right to enter to construct and maintain a retaining wall over 33 square metres of part of the front garden of 1 Miskin Terrace CF45 3UD, all at Miskin, Mountain Ash.

 

7. All interests in 412 square metres part of scrubland and woodland on the south of 1 Miskin Terrace and running on the west of Miskin Road in a southerly direction for a distance of approximately 102 metres, all at Miskin, Mountain Ash.

 

7A. The right against all interests to enter to construct and maintain a retaining wall over 278 square metres of scrubland and woodland on the south of 1 Miskin Terrace and running west of Miskin Road in a southerly direction for a distance of approximately 72 metres, all at Miskin, Mountain Ash.

 

8. All interest in 315 square metres part of railway embankment and woodland on the west of the Abercynon to Aberdare railway line on the east of Miskin Road and the demolished property formerly known as Ty Cynon, all at Miskin, Mountain Ash.

 

8A. The right to enter to construct and maintain an overbridge and retaining walls over 1205 square metres part of the Abercynon to Aberdare railway line, part of western embankment to River Cynon, and part of the western embankment and woodland of railway, all on the east of Miskin Road, situated north and east of the demolished property formerly known as Ty Cynon, all at Miskin, Mountain Ash.

 

9. All interests in 313 square metres of scrubland and woodland to the north of the demolished property formerly known as Ty Cynon, Miskin Road, situated between the east of Miskin Road and the western railway embankment all at Miskin, Mountain Ash.

 

10. All interests in 2288 square metres part of scrubland and woodland on the east of the River Cynon, on the south west of the junction of Cardiff Road and the Cwm Cynon access road, all at Miskin, Mountain Ash.

 

10A. The right against all interests to enter to construct and maintain an overbridge, subway and retaining walls over 199 square metres part of scrubland and woodland on the east side of the River Cynon, south west of the junction of Cardiff Road and the Cwm Cynon access road, all at Miskin, Mountain Ash.

 

10B. The right against all interests to enter to construct and maintain an overbridge, subway and retaining walls over 222 square metres part of scrubland and woodland on the east side of the River Cynon, south west of the junction of Cardiff Road and the Cwm Cynon access road, all at Miskin, Mountain Ash.

 

11. The right to enter to construct and maintain a retaining wall on 42 square metres of scrubland and woodland on the north of Mountain Ash Christadelphians Church, Glyngwyn Street running northwards a distance of approximately 11 metres on the west of Miskin Road, all at Miskin, Mountain Ash.

 

12. All interests in 829 square metres of demolished property formerly known as Ty Cynon on the north side of No.1 Miskin Cottages, whole of building and garden of No.1 Miskin Cottages, and whole of building and garden of No.2 Miskin Cottages. all at Miskin, Mountain Ash.

 

13. All interests in 31 square metres of whole of site of demolished former shop on the south of Cynon View, all at Miskin, Mountain Ash.

 

14 All interests in 943 square metres of whole of garage, outbuilding and hard standing, and part of scrubland and embankment on the east of junction of Miskin Road with Penrhiwceiber Road, all at Miskin, Mountain Ash.

 

15. All interests in 46 square metres of scrubland and embankment on the east of Route B4275 Penrhiwceiber Road, situated opposite Nos. 228 to 232 Penrhiwceiber Road, all at Miskin, Mountain Ash.

 

15A. The right to enter to construct and maintain a retaining wall over 87 square metres of scrubland, embankment, and half bed of stream on the east of Route B4275 Penrhiwceiber Road, situated opposite Nos. 228 to 232 Penrhiwceiber Road, all at Miskin, Mountain Ash.

 

16. All interests in 4 square metres of whole of outbuilding on Miskin Road, situated on the south of No. 2 Miskin Cottages, all at Miskin, Mountain Ash.

 

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 Rhondda Cynon Taf County Borough Council (Mountain Ash Cross Valley Link) Compulsory Purchase Order 2017 has become operative, the Rhondda Cynon Taf County Borough Council (“the Council”) 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 Council at the end of the period mentioned in paragraph 2.

 

Notices concerning general vesting declaration

 

2. As soon as may be after the Council 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 following the invitation contained in the confirmation notice of the order. When the service 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 the Council together with the right to enter on the land and take possession of it. Every person on whom the Council could have served a notice to treat in respect of their 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 their interest in the land, together 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, unless a counter-notice is served under Schedule A1 to the Act within that period. If a counter-notice is served, 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 yearly tenancy or a lesser interest, or “a long tenancy which is about to expire”. “A long tenancy which is to expire” 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 still has to run, where any option to renew or to terminate it is available to either party, it is assumed that the landlord will take every opportunity to terminate the tenancy and the tenant will take every opportunity to retain or renew their interest.

 

5. The modifications are that the Council 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 (which must be 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

 

TO: Rhondda Cynon Taf County Borough 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)...................

2. Land in which an interest is held by informant(s).................

3. Nature of interest.......................

 

Signed......................

[on behalf of......................]

Dated.................

 

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.

 

Dated this 26th day of February 2018

C. B. Jones Director of Legal and Democratic Services

The Pavilions, Cambrian Park, Clydach Vale, CF40 2XX

 

TM Ref: 225393573-01