The A9 Trunk Road (Luncarty to Pass of Birnam) Compulsory Purchase Order 201[ ]
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THE A9 TRUNK ROAD (LUNCARTY TO PASS OF BIRNAM) COMPULSORY PURCHASE ORDER 201[ ] Made 201[ ] The Roads (Scotland) Act 1984 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947. The Scottish Ministers (hereinafter referred to as “the acquiring authority”) in exercise of the powers conferred by sections 103 to 108 inclusive as read with section 110(2) of the Roads (Scotland) Act 1984 hereby make the following compulsory purchase order- 1. This Order may be cited as the A9 Trunk Road (Luncarty To Pass of Birnam) Compulsory Purchase Order 201[ ]. 2. Subject to the provisions of this Order, the acquiring authority are hereby authorised to purchase compulsorily for the purpose of improving the M9/A9 Edinburgh–Stirling– Thurso Trunk Road between Luncarty and Pass of Birnam in the vicinity of Bankfoot, Perthshire, the land which is described in the Schedule hereto and is numbered and shown delineated in red and coloured pink on the map signed with reference to this Order and marked “Map referred to in the A9 Trunk Road (Luncarty To Pass of Birnam) Compulsory Purchase Order 201[ ]”, a duplicate of which map is given in terms of section 48 of the Conveyancing (Scotland) Act 1924. 3. In relation to the foregoing purchase section 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 are hereby incorporated with the enactment under which the said purchase is authorised, subject to the modifications that references in the said sections to the company shall be construed as references to the acquiring authority and references to the railway or works shall be construed as references to the land authorised to be purchased and any building or works constructed or to be constructed thereon. 4. For the purpose of the said section 71 of the Railways Clauses Consolidation (Scotland) Act 1845, as incorporated in this Order, the prescribed distance in relation to any seam of minerals lying under land adjoining the works to be constructed upon the land described in the Schedule hereto shall be such a lateral distance from the said works on every side thereof as is equal at every point along the said works to one half of the depth of the 1 seam below the natural surface of the ground at that point or 37 metres (40 yards), whichever is the greater. Subscribed by, , Chief Road Engineer of Transport Scotland, being an officer of the Scottish Ministers at Glasgow on the day of Two Thousand and , before the witness , Civil Servant, Buchanan House. ______________________________ INSERT NAME ______________________________ Witness 2 This is the Schedule referred to in the foregoing A9 Trunk Road (Luncarty to Pass of Birnam) Compulsory Purchase Order 201[ ]. SCHEDULE In this Schedule:- 1. All the land described is situated in the County of Perth and Kinross. 2. The “A9” means that part of the existing M9/A9 Edinburgh-Stirling-Thurso Trunk Road between Luncarty and Pass of Birnam in the vicinity of Bankfoot, Perthshire. 3. Where all or part of a plot forms part of a title or titles registered in the Land Register of Scotland, the Land Register of Scotland Title Number is given at the end of the description. 4. The number of the individual sheet (herein after referred to as “CPO sheet”) within the said map on which the plot is shown is given at the end of the description. Number Description of the land or Owners Lessees and Occupiers on Map servitude right 1 to 100 Numbers not allocated - - 101 22,674 square metres or thereby J D Brown, M K Brown, R M Owners of arable land, woodland and the Brown, D H Brown, I S D bed and banks of the Shochie Brown and L M Brown Burn lying to the east, south-east Battleby Farm of Cramflat Farm, Luncarty and Redgorton south of Ordie View, Luncarty. Luncarty PH1 3EN CPO Sheet: 1 of 9 and I D Brown 79 Matthews Drive Perth PH1 2UR as partners of and trustees for the firm of Ian Brown & Sons 102 2,542 square metres or thereby G L Smith, 1. Owners of arable land, woodland and R B Smith and scrubland lying to the east of A D Smith 2. G G Smith and V Cramflat Farm, Luncarty and Pitmurthly Farm Smith south of Ordie View, Luncarty. Redgorton Pitmurthly Farm Luncarty Redgorton CPO Sheet: 1 of 9 PH1 3HX Luncarty PH1 3HX 1 Number Description of the land or Owners Lessees and Occupiers on Map servitude right as partners of and trustees for the firm of Gavin L Smith & Son 103 1,121 square metres or thereby I T Baxter 1. Owner of woodland and scrubland lying Gellybanks Farm to the east, north-east of Stanley 2. I T Baxter and I S Cramflat Farm, Luncarty and PH1 4PT Baxter south, south-west of Ordie Gellybanks Farm View, Luncarty. Stanley PH1 4PT CPO Sheet: 1 of 9 and D W Baxter Baxterknowe Farm Forgandenny PH2 9AY as partners of and trustees for the firm of Messrs I T Baxter 104 20,146 square metres or thereby I T Baxter 1. Owner of arable land and the bed and Gellybanks Farm banks of the Shochie Burn lying Stanley 2. I T Baxter and I S to the east, north-east of PH1 4PT Baxter Cramflat Farm, Luncarty and Gellybanks Farm south of Ordie View, Luncarty. Stanley PH1 4PT CPO Sheet: 1 of 9 and D W Baxter Baxterknowe Farm Forgandenny PH2 9AY as partners of and trustees for the firm of Messrs I T Baxter 3. G S Mackie Ordie View Luncarty PH1 4PR 4. I A Ramsay 2 Number Description of the land or Owners Lessees and Occupiers on Map servitude right Ordie View Luncarty PH1 4PR 105 1,461 square metres or thereby G L Smith, 1. Owners of arable land lying to the east, R B Smith and north-east of Cramflat Farm, A D Smith 2. G G Smith and V Luncarty and south, south-west Pitmurthly Farm Smith of Ordie View, Luncarty. Redgorton Pitmurthly Farm Luncarty Redgorton CPO Sheet: 1 of 9 PH1 3HX Luncarty PH1 3HX as partners of and trustees for the firm of Gavin L Smith & Son 106 189 square metres or thereby of G L Smith, R B Smith and A 1. Owners private access track and verge D Smith lying to the east, north-east of Pitmurthly Farm 2. G G Smith and V Cramflat Farm, Luncarty and Redgorton Smith south, south-west of Ordie Luncarty Pitmurthly Farm View, Luncarty. PH1 3HX Redgorton Luncarty CPO Sheet: 1 of 9 as partners of and trustees for PH1 3HX the firm of Gavin L Smith & Son 3. C Boath Cramflat Farm Luncarty Perth PH1 4PR 4. T W Clark, L B Clark and W F Clark Pitlandie Farm Luncarty PH1 4PR 5. T W Clark, L B Clark, W F Clark and T S Clark Abbey Farm Madderty Crieff PH7 3PA as partners of and trustees for the firm of Thomas Clark & Sons 3 Number Description of the land or Owners Lessees and Occupiers on Map servitude right 6. J Purdy Pitlandie Farmhouse Pitlandie Farm Luncarty PH1 4PR 7. W Crook The Bungalow Pitlandie Farm Luncarty PH1 4PR 8. T Clark No. 1 Cottage Pitlandie Farm Luncarty PH1 4PR 9. W F Clark The New Bungalow Pitlandie Farm Luncarty PH1 4PR 10. I T Baxter and I S Baxter Gellybanks Farm Stanley PH1 4PT and D W Baxter Baxterknowe Farm Forgandenny PH2 9AY as partners of and trustees for the firm of Messrs I T Baxter 106A 182 square metres or thereby of Unknown 1. G L Smith, R B Smith private access track and verge and A D Smith lying to the east, north-east of Pitmurthly Farm Cramflat Farm, Luncarty and Redgorton south, south-west of Ordie Luncarty View, Luncarty. PH1 3HX 4 Number Description of the land or Owners Lessees and Occupiers on Map servitude right CPO Sheet: 1 of 9 as partners of and trustees for the firm of Gavin L Smith & Son 2. G G Smith and V Smith Pitmurthly Farm Redgorton Luncarty PH1 3HX 3. C Boath Cramflat Farm Luncarty Perth PH1 4PR 4. T W Clark, L B Clark and W F Clark Pitlandie Farm Luncarty PH1 4PR 5. T W Clark, L B Clark, W F Clark and T S Clark Abbey Farm Madderty Crieff PH7 3PA as partners of and trustees for the firm of Thomas Clark & Sons 6. J Purdy Pitlandie Farmhouse Pitlandie Farm Luncarty PH1 4PR 7. W Crook The Bungalow Pitlandie Farm Luncarty PH1 4PR 8. T Clark 5 Number Description of the land or Owners Lessees and Occupiers on Map servitude right No. 1 Cottage Pitlandie Farm Luncarty PH1 4PR 9. W F Clark The New Bungalow Pitlandie Farm Luncarty PH1 4PR 10. I T Baxter and I S Baxter Gellybanks Farm Stanley PH1 4PT and D W Baxter Baxterknowe Farm Forgandenny PH2 9AY as partners of and trustees for the firm of Messrs I T Baxter 107 3,513 square metres or thereby I T Baxter 1. Owner of arable land lying to the east, Gellybanks Farm north-east of Cramflat Farm, Stanley 2. I T Baxter and I S Luncarty and south-west of PH1 4PT Baxter Ordie View, Luncarty. Gellybanks Farm Stanley CPO Sheet: 1 of 9 PH1 4PT and D W Baxter Baxterknowe Farm Forgandenny PH2 9AY as partners of and trustees for the firm of Messrs I T Baxter 107A 67 square metres or thereby of I T Baxter 1.