Crossrail Limited 25 Canada Square Canary Wharf LONDON E14 5LQ
Total Page:16
File Type:pdf, Size:1020Kb
Crossrail Limited Tel: 020 3229 9100 25 Canada Square Fax: 020 7719 0955 Canary Wharf Helpdesk Tel: 0345 602 3813 London E14 5LQ www.crossrail.co.uk Date: 18 December 2009 Ref: WHI-05-N01723 The Secretary Tower Hamlets Community Housing Limited 285 Commercial Road Stepney London E1 2PS Dear Sir/Madam CROSSRAIL ACT 2008 The Crossrail Act 2008 received Royal Assent on the 22nd July 2008 and the Secretary of State for Transport ("the Secretary of State") is now authorised to acquire land, or rights in land, for the construction of the Crossrail Project. I enclose by way of service upon you Notice to Treat for the acquisition of certain rights. The notice contains a Schedule which is in two parts; Part I describes the nature of the rights required and Part II describes the land over which the rights are sought and which is shown coloured brown on the plan(s) attached. I also enclose a Form of Claim. This form should be completed and returned to The Property Acquisition Manager, Crossrail Limited, 25 Canada Square, Canary Wharf, London E14 5LQ within the next 21 days. I enclose an additional form for you to retain details of the claim. Should you decide to instruct surveyors to negotiate your claim, would you please send the enclosed notice and forms to them for completion on your behalf. If you have a valid claim your proper and reasonable surveyors’ fees will be payable by the Secretary of State. I also enclose by way of service on you Notice of Entry in order that the Secretary of State may take entry onto the land or property specified in the notice. The purpose of this notice is to authorise the Secretary of State to enter the land or property for the purposes of the rights specified in Part II of the Schedule to the notice at any time after the expiration of three months from the service of this notice. If you require further explanation of the above or any other information regarding the Crossrail proposals, please contact the Crossrail Helpline on 0345 602 3813 or by email at [email protected] . Yours faithfully Mark Fell Legal Services Director & Company Secretary Crossrail Limited As agent for and on behalf of the Secretary of State for Transport Crossing the Capital Connecting the UK Registered Office 25 Canada Square Canary Wharf London E14 5LQ Crossrail Limited, Registered in England and Wales No. 4212657 VAT Registration No. 756 2770 08 Crossrail Limited is a company controlled by a local authority within the meaning of Part V Local Government and Housing Act 1989. The controlling authority is Transport for London CROSSRAIL ACT 2008 COMPULSORY PURCHASE ACT 1965 Notice No. N01723 SCHEDULE Part I The right in accordance with Paragraph 3 of Schedule 5 of the Crossrail Act 2008, for the Secretary of State and his lessees, licensees, successors in title, assigns and those authorised by any of these to pass and repass at all times with or without vehicles of whatever type and with or without materials, plant and machinery over and along the land described in Part II of this Schedule and coloured brown on the attached plan for the benefit of adjoining lands owned or to be acquired by the Secretary of State for the purpose of or in connection with the construction of works authorised by the Crossrail Act 2008. Part II Number On Plan Extent, description and situation of the Land 5053 604.1 square metres, or thereabouts, of land situated off Trahorn Close including car park, private road and footways NB. A Form of Claim is enclosed which, when completed and signed by the Claimant should be returned within 21 days from the date of service of this Notice. CROSSRAIL ACT 2008 COMPULSORY PURCHASE ACT 1965 Notice No. N01724 SCHEDULE Part I The right in accordance with Paragraph 3 of Schedule 5 of the Crossrail Act 2008, for the Secretary of State and his lessees, licensees, successors in title, assigns and those authorised by any of these to pass and repass at all times with or without vehicles of whatever type and with or without materials, plant and machinery over and along the land described in Part II of this Schedule and coloured brown on the attached plan for the benefit of adjoining lands owned or to be acquired by the Secretary of State for the purpose of or in connection with the construction of works authorised by the Crossrail Act 2008. Part II No. On Plan Extent, description and situation of the Land 5053 604.1 square metres, or thereabouts, of land situated off Trahorn Close including car park, private road and footways CROSSRAIL ACT 2008 PLAN TITLE : © Crown copyright. All rights reserved (TFL) (100032379) CROSSRAIL LTD (2009) 25 CANADA SQ. CANARY WHARF NOTICE TO TREAT LONDON E14 5LQ NOTICE NO. N01723 T: 020 3229 9100 www.crossrail.co.uk © 2009 DATE : 17 Dec 2009 SCALE : 1:1250 @ A4 CROSSRAIL ACT 2008 FORM OF CLAIM IN ANSWER TO NOTICE TO TREAT To: The Property Acquisition Manager Crossrail Limited 25 Canada Square Canary Wharf LONDON E14 5LQ THE PARTICULARS of the Claimant's estate and interest in the property comprised in a Notice to Treat and of the claims made in respect thereof are as follows:- 1. Name and Address of the Claimant (including, where applicable, the nature of the Claimant's business) 2. Situation and short description of the property comprised in the Notice to Treat. NOTE: If the Claimant is not entitled to all the land shown on the plan attached to the Notice to Treat, please give full Particulars 3. Name and address of person having custody of the title documents relating to the property 4. Name and address of Claimant's solicitor 5. Name and address of Claimant's surveyor Please insert details of the basis on which the surveyor is proposing to charge fees incurred in handling the claim. NOTE:The basis on which these fees are to be charged must be agreed with the acquiring authority as early as possible. 6. Nature of Interest (Freehold, Leasehold or yearly tenancy or other interest). Please state if formerly copyhold CROSSRAIL ACT 2008 If Freehold,: State whether absolutely entitled or otherwise If Leasehold: State Landlord's name and address, the rent, date of commencement and length of term and provide a copy of the Lease. If yearly tenancy or lesser interest: State Landlord's name and address, date of commencement, the rent, how determinable and any special terms and conditions (and if the tenancy is recorded in writing, please supply a copy of the tenancy agreement or copies of any correspondence which are alleged to constitute the tenancy agreement) If you are unable to provide at this stage a copy of the Lease/Tenancy Agreement with the returned Claim Form, please state the tenant's name as shown on the Lease/Tenancy Agreement if different from the Claimant's name as given in 1 above. 7. (a) Particulars of Mortgages or other charges or encumbrances affecting charges or encumbrances affecting the Claimant's interest. Specify the balance of principal and interest still owing. b) Particulars of any "negative equity" affecting the Claimant's interest (c) The names and addresses of:- (i) The Mortgagees (ii) Their Solicitors 8. Particulars of:- (a) Existing exceptions of mines and minerals and any other exceptions (b) Rights of the Lord of the Manor to minerals and sporting and other rights and names and addresses of the Lord and Steward (if property formerly copyhold. (c) Any public or private rights of way and any other public or private rights or privileges affecting the property (d) Existing covenants and restrictions affecting the property CROSSRAIL ACT 2008 9. If the property is let, please state:- (a) Name(s) of the tenant(s) (state whether Lessee(s) or Yearly or Statutory or other tenant(s)) (b) Total area let to each tenant (c) How much of each tenant's holding is affected by the Notice to Treat (d) The rent paid by each tenant and whether or not the tenant pays outgoings (e) The date of commencement and length of each tenancy NOTE: The answers should relate only to the land affected by the Notice to Treat and the Claimant should suggest apportionments where necessary 10. Particulars of:- (a) Corn Rent (b) Liability to repair the Chancel of any Church (c) Land drainage rates. State assessment and rate in the pound (d) Yearly rent charges and other outgoings NOTE: The answers should relate only to the land affected by the Notice to Treat and the Claimant should suggest apportionments where necessary 11. Particulars of:- (a) Any Notices by a Public or Local Authority affecting the property (b) Any statutory charges affecting the Property, e.g. under the Town and Country Planning Acts the Private Street Works Acts or the Highways Act 1980 12. Particulars of any outstanding right to compensation for refusal, conditional grant, revocation or modification of planning permission. (See Section 12 of the Land Compensation Act 1961) 13. (a) Will the sale of the property to the Secretary of State be mandatory standard rated for VAT purposes? If so, please confirm that the property consists of a freehold new building/civil engineering work which is under construction or not more than3 years old (b) If the answer to paragraph (a) above is CROSSRAIL ACT 2008 "no", please confirm whether or not the Claimant has elected to waive the exemption for VAT purposes in respect of the property. If so, please provide details including a copy of the Acknowledgment by H M Customs and Excise (c) If the answers to paragraph (a) and (b) above are both "no", please confirm whether or not the sale to the Secretary of State will be VAT exempt or a zero rated supply.