THE A737/A738 TRUNK ROAD (IMPROVEMENTS AT BEITH) COMPULSORY PURCHASE ORDER 201[ ]

Made 201[ ]

The Roads () 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 A737/A738 Trunk Road (Improvements at Beith) 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 and constructing a new length of the A737/A738 St James Interchange – – Hawkhill trunk road in the vicinity of the town of Beith, North , the land and servitude rights which are described in the First Schedule hereto and are delineated in red and coloured pink and blue respectively on the map signed with reference to this Order and marked “Map referred to in the A737/A738 Trunk Road (Improvements at Beith) 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purchase section 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 are hereby incorporated with the enactment under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 seam below the natural surface of the ground at that point or 37 metres (40 yards), whichever is the greater.

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5. In this article “the order land” means the land described as open or common space in plots 215, 231 & 244 in the First Schedule hereto and “the exchange land” means the land which is described in the Second Schedule hereto and is delineated blue and coloured blue on the said map. The exchange land is land which has been or will be given in exchange for the order land subject to like rights, trusts, and incidents as attach to the order land. Subscribed by INSERT NAME, INSERT DESIGNATION, being an officer of the Scottish Ministers at BLANK on the INSERT DATE day of INSERT MONTH Two Thousand and INSERT YEAR, before the witness INSERT NAME, Civil Servant, INSERT ADDRESS

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INSERT NAME

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Witness

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These are the Schedules referred to in the foregoing A737/A738 Trunk Road (Improvements at Beith) Compulsory Purchase Order 201[ ].

FIRST SCHEDULE

In the First and Second Schedules:-

1. All the land described is situated in the County of Ayr; 2. The “A737” means that part of the existing A737/A738 St James Interchange – Kilwinning – Hawkhill trunk road in the vicinity of Beith, North Aryshire. 3. “Manrahead Roundabout” means the existing roundabout at the junction of the A737; the existing B777 Road and the existing B7049 Dalry Road, Beith, . 4. “Manrahead Farm” means the steading known as Manrahead Farm, Dalry Road, Beith KA15 1JW 5. “Geilsland School” means the former Geilsland House and School Campus site, Geilsland Road, Beith, North Ayshire KA15 1HD. 6. “Head Street Junction” means the existing junction between the A737 and the B777 Wardop Street, Beith, North Ayrshire. 7. 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. 8. The number of the individual sheet (hereinafter 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 Lessess and Occupiers On Map servitude right 1-200 Numbers not allocated - - 201 127 square metres or North Ayrshire Owner thereby of grass verge and Council, footway, lying to the north of the centre point of House, Manrahead Roundabout, Irvine, north west of Manrahead Ayrshire Farm and the A737. KA12 8EE

Land Register of Scotland Title Number AYR31711.

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CPO Sheet: 1 of 2 202 Number not allocated. 203 4,771 square metres or 1. Sarah Cowie Owners thereby of grassland and Miller, access tracks, lying to the 58 Sycamore south west of the centre Avenue, point of Manrahead Beith Roundabout, west of KA15 2DW Manrahead Farm and to the north west of the A737. 2. James Miller and Pamela Ann CPO Sheet: 1 of 2 Miller, Whitestanes Farm, Beith KA15 1JN

as Trustees for their Firm of James Miller 204 1,277 square metres or George Marshall Owners thereby of grassland, access Carmichael and track and hardstanding, Alexandra Jessie lying east of the centre point Harvie Carmichael, of Manrahead Roundabout, Manrahead Farm, west and north west of Dalry Road, Manrahead Farm and to the Beith south east of the A737. KA15 1JW

CPO Sheet: 1 of 2 205 5,096 square metres or Thomas Harkness Owners thereby of grassland, lying Hamilton, Gavina to the north east of the Elizabeth Russell centre point of Manrahead Hamilton and Robert Roundabout, north and east Noble Hamilton, of Manrahead Farm and to Roughwood Farm, the south east of the A737. Beith KA15 1JR Land Register of Scotland Title Number AYR10110.

CPO Sheet: 1 of 2 206 1,049 square metres or Esther Martin Knox 1. Owner thereby of grassland and Craighouse, former railway solum, lying Barrmill Road, 2. Benefited Proprietor – to the north east of the Beith Access Rights centre point of Manrahead KA15 1HB Roundabout, north and east Network Rail of Manrahead Farm and to Infrastructure Ltd

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the south east of the A737. (Company No. 02904587) Kings Place Land Register of Scotland 90 York Way Title Number AYR3475. N1 9AG CPO Sheet: 1 of 2 207 18,478 square metres or 1. Sarah Cowie Owners thereby of grassland, lying Miller, to the north east of the 58 Sycamore centre point of Manrahead Avenue, Roundabout, north and east Beith of Manrahead Farm and to KA15 2DW the south east of the A737. 2. James Miller and CPO Sheet: 1 of 2 Pamela Ann Miller, Whitestanes Farm, Beith KA15 1JN

as Trustees for their Firm of James Miller 208 12 square metres or thereby Nicholas James Owners of garden ground, lying to Bailey and Katharine the north east of the centre Jane Bailey, point of Manrahead 45 Barmill Road, Roundabout, south west of Beith Geilsland School and to the KA15 1HA south east of the A737.

Land Register of Scotland Title Number AYR18774.

CPO Sheet: 1 of 2 209 680 square metres or Unknown. Unknown thereby of grassland and grass verge, lying to the north east of the centre point of Manrahead Roundabout, south west of Geilsland School and to the south east of the A737.

CPO Sheet: 1 of 2 210 5,666 square metres or Unknown. Occupied by North thereby forming the solum Ayrshire Council as roads of the B706 Barrmill Road, authority.

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lying to the north east of the centre point of Manrahead Roundabout, south west of Geilsland School and to the south east of the A737.

CPO Sheet: 1 of 2 211 8,057 square metres or North Ayrshire James Stirling thereby of grassland, lying Council as Baillieston Farm to the north east of the Governing Body of Kilbirnie centre point of Manrahead Speirs Trust, KA25 7LD Roundabout, south west of Cunninghame Geilsland School and to the House, south east of the A737. Irvine, Ayrshire Land Register of Scotland KA12 8EE Title Number AYR17245.

CPO Sheet: 1 of 2 212 24,141 square metres or David Kerr Andrew Smith thereby of grassland, lying 7 Hillfoot Crescent, Cuff Farm, to north east of the centre Ayr Beith. point of Manrahead KA7 3LG KA15 2LJ Roundabout, south west of Geilsland School and to the (formerly of Todhill south east of the A737. Farm, )

CPO Sheet: 1 of 2 213 524 square metres or SP Energy Networks Owner thereby of grassland and Unit 4B former electricity sub - Rowallan Business station, lying to the north Park east of the centre point of Southcraigs Manrahead Roundabout, Kilmarnock west of Geilsland School KA3 7BQ and to the south east of the A737.

CPO Sheet: 1 of 2 214 1,067 square metres or Unknown. North Ayrshire Council as thereby forming the solum roads authority. of B706 Barrmill Road, lying north east of the centre point of Manrahead Roundabout, south west of Geilsland School and to the north west of the A737.

CPO Sheet: 1 of 2 215 626 square metres or North Ayrshire Owner

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thereby of grassland, lying Council, to the north east of the Cunninghame centre point of Manrahead House, Roundabout, south west of Irvine, Geisland School and to the Ayrshire south west of the A737. KA12 8EE

CPO Sheet: 1 of 2 216 5,129 square metres or North Ayrshire Occupied by the Scottish thereby forming the solum Council, Ministers as roads of the existing A737 Beith Cunninghame authority. Bypass Road, lying to the House, north east of the centre point Irvine, of Manrahead Roundabout, Ayrshire generally west of Geilsland KA12 8EE School and south west of Head Street Junction.

CPO Sheet: 1 of 2 217 19,432 square metres or Landmore Estates Unknown thereby of grassland, lying 76 Strabane Road, to the north east of the Newtonstewart, centre point of Manrahead County Tyrone Roundabout, west of BT78 4JZ Geilsland School and south west of Head Street Junction.

Land Register of Scotland Title Number AYR71328

CPO Sheet: 1 of 2 218 3,042 square metres or Unknown North Ayrshire Council as thereby forming the solum roads authority. of the existing Wardrop Street, lying to the north of Geilsland School and south east of Head Street Junction.

CPO Sheet: 1 of 2 219 A heritable and 1. Sarah Cowie Owners irredeemable servitude over Miller, 1220 square metres or 58 Sycamore thereby of grassland, lying Avenue, south west of the centre Beith point of Manrahead KA15 2DW Roundabout , west of Manrahead Farm and to the 2. James Miller and north west of the A737, Pamela Ann (which subjects are, for the Miller,

7 purposes of this servitude Whitestanes right, hereby nominated and Farm, identified as, and hereafter Beith referred to as, the “burdened KA15 1JN property”) of laying down and maintaining drainage as Trustees for their apparatus to convey road Firm of James and other drainage from the Miller benefited property and through the burdened property to discharge into an unnamed burn, Beith, Ayrshire and thereafter into and that on a line at the discretion of the acquiring authority or their successors as proprietors of the benefited property with power to the acquiring authority and their successors as aforesaid and those authorised by them to enter on the burdened property for the purpose of laying down said drainage apparatus and thereafter inspecting, maintaining, improving, repairing and renewing same.

For the purposes of this servitude right the following subjects are hereby nominated and identied as, and in the foregoing description referred to as the benefitting property.

The subjects numbered Plots 203, 204, 205, 206, 207, 208 and 209 more particularly described in this Schedule and shown on the said map together with the land acquired by the Scottish Ministers by General Vesting Declaration dated 10 September 2010 in respect of the A737 Trunk Road (Beith Bypass)

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Compulsory Purchase Order, made on 19 March 2010 and registered under Land Register of Scotland Title Number AYR91057

CPO Sheet: 1 of 2 220 Number not allocated. 221 426 square metres or Landmore Estates Unknown thereby of grassland lying to 76 Strabane Road, the north east of Geilsland Newtonstewart, School and south east of the County Tyrone A737 and Head Street BT78 4JZ Junction.

Land Register of Scotland Title Number AYR71328

CPO Sheet: 1 of 2 222 64 square metres or thereby Landmore Estates Unknown of farm access track, lying 76 Strabane Road, to the north east of Newtonstewart, Geilsland School and south County Tyrone east of the A737 and Head BT78 4JZ Street Junction.

Land Register of Scotland Title Number AYR71328

CPO Sheet: 1 of 2 223 1,994 square metres or Landmore Estates Unknown thereby of grassland, lying 76 Strabane Road, to the north east of Newtonstewart, Geilsland School and south County Tyrone east of the A737 and Head BT78 4JZ Street Junction.

Land Register of Scotland Title Number AYR71328

CPO Sheet: 1 of 2 224 756 square metres or Unknown. Unknown thereby forming the solum of Spiersland Way, lying to the north east of the centre point of Manrahead Roundabout, south west of Geilsland School and to the south east of the A737.

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CPO Sheet: 1 of 2 225 3,668 square metres or Landmore Estates Unknown thereby of grassland, lying 76 Strabane Road, to the north of Geilsland Newtonstewart, School, south east of the County Tyrone A737 and east of Head BT78 4JZ Street Junction.

Land Register of Scotland Title Number AYR71328

CPO Sheet: 1 of 2 226 847 square metres or North Ayrshire Owner thereby of grassland and Council, hardstanding, lying to the Cunninghame north west of Geilsland House, School, north east of Head Irvine, Street Junction and east of the A737. KA12 8EE

CPO Sheet: 1 of 2 227 889 square metres or 1. Alexander John Owners thereby of grassland, lying Thomson to the north west of 3 Glebe Road, Geilsland School, north east Beith KA15 1EY of Head Street Junction and east of the A737. 2. Peter Campbell Thomson, CPO Sheet: 1 of 2 Monymusk, Barrmill Road, Beith KA15 1EU 228 3,405 square metres or Landmore Estates Unknown thereby of grassland lying to 76 Strabane Road, the north of Geilsland Newtonstewart, School, north east of Head County Tyrone Street Junction and east of BT78 4JZ the A737.

Land Register of Scotland Title Number AYR71328

CPO Sheet: 1 of 2 229 A heritable and North Ayrshire James Stirling irredeemable servitude over Council as Baillieston Farm 1191 square metres or Governing Body of Kilbirnie KA25 7LD thereby of grassland, lying Speirs Trust, to the north east of the Cunninghame centre point of Manrahead House, Roundabout, south west of Irvine,

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Geilsland School and to the Ayrshire south east of the A737, KA12 8EE (which subjects are, for the purposes of this servitude right, hereby nominated and identified as, and hereafter referred to as, the “burdened property”) of laying down and maintaining drainage apparatus to convey road and other drainage from the benefited property and through the burdened property to discharge into an unnamed burn, Beith, Ayrshire and thereafter into the Powgree Burn, Ayrshire and that on a line at the discretion of the acquiring authority or their successors as proprietors of the benefited property with power to the acquiring authority and their successors as aforesaid and those authorised by them to enter on the burdened property for the purpose of laying down said drainage apparatus and thereafter inspecting, maintaining, improving, repairing and renewing same. For the purposes of this servitude right the following subjects are hereby nominated and identied as, and in the foregoing description referred to as the benefitting property.

The subjects numbered Plots 210, 211 and 212 more particularly described in this Schedule and shown on the said map.

CPO Sheet: 1 of 2 230 952 square metres or Marion Armour Occupied by the Scottish thereby forming the solum Fleming or Watson, Ministers as roads

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and footways of the existing Craigbet, authority. A737 lying to the north west Bridge of Weir of Geilsland School and PA11 3RX north of the Head Street Junction.

CPO Sheet: 1 of 2 231 170 square metres or North Ayrshire Owner thereby of grassland, lying Council, to the northwest of Cunninghame Geilsland School, south House, west of Head Street Junction Irvine, and the A737. Ayrshire KA12 8EE CPO Sheet: 1 of 2 232 Number not allocated. 233 1,296 square metres or Unknown. Occupied by North thereby forming the solum Ayrshire Council as roads of Geilsland Road, lying to authority. the north east of the centre point of Manrahead Roundabout, south west of Geilsland School and to the south east of the A737.

CPO Sheet: 1 of 2 234 A heritable and London & Clydeside Owner irredeemable servitude over Estates, 135 square metres or Unit C, thereby of grassland lying to Ground Floor, the north west of Geilsland Airport School, north of Head Street Business Park, Junction and north west of Abbotsinch, Paisley the A737, (which subjects PA3 2SJ are, for the purposes of this servitude right, hereby nominated and identified as, and hereafter referred to as, the “burdened property”) of laying down and maintaining drainage apparatus to convey road and other drainage from the benefited property and through the burdened property to discharge into an unnamed sewer, Beith, Ayrshire and thereafter into Kilbirnie Loch and that on a line at the discretion of the

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acquiring authority or their successors as proprietors of the benefited property with power to the acquiring authority and their successors as aforesaid and those authorised by them to enter on the burdened property for the purpose of laying down said drainage apparatus and thereafter inspecting, maintaining, improving, repairing and renewing same.

For the purposes of this servitude right the following subjects are hereby nominated and identified as, and in the foregoing description referred to as, the benefited property:

The subjects numbered Plots 227, 228, 230 and 245 more particularly described in this Schedule and shown on the said map together with the land acquired by the Scottish Ministers by General Vesting Declaration dated 8 October 2012 in respect of the A737 Trunk Road (Beith Bypass, Head Street Junction) Compulsory Purchase Order, made on 13 November 2009 and registered under Land Register of Scotland Title Number AYR76429 .

CPO Sheet: 1 of 2 235 & Numbers not allocated. 236 237 25 square metres or thereby Robert Logan and Owner of garden ground, lying to Jane Logan, the north east of the centre Bellscauseway, point of Manrahead Barrmill Road, Roundabout, south west of Beith

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Geilsland School and to the KA15 1HA south east of the A737.

CPO Sheet: 1 of 2 238-242 Numbers not allocated. 243 417 square metres or David Kerr Occupied by North thereby of grass verge, lying 7 Hillfoot Crescent, Ayrshire Council as roads to the north east of the Ayr authority. centre point of Manrahead KA7 3LG Roundabout, south west of Geilsland School and north (formerly of Todhill west of the A737. Farm, Stevenston)

CPO Sheet: 1 of 2 244 246 square metres or North Ayrshire Owner thereby of grassland, lying Council, to the west of Geilsland Cunninghame School, south west of Head House, Street Junction and west of Irvine, the A737. Ayrshire KA12 8EE CPO Sheet: 1 of 2 245 8 square metres or thereby North Ayrshire Occupied by the Scottish of grassland, lying to the Council, Ministers as roads north west of Geilsland Cunninghame authority. School, north east of Head House, Street Junction and east of Irvine, the A737. Ayrshire KA12 8EE CPO Sheet: 1 of 2 246 157 square metres or Landmore Estates Unknown thereby of grassland, lying 76 Strabane Road, to the north west of Newtonstewart, Geilsland School, south east County Tyrone of Head Street Junction and BT78 4JZ east of the A737.

Land Register of Scotland Title Number AYR71328

CPO Sheet: 1 of 2 247 149 square metres or North Ayrshire Owner thereby of grassland lying to Council, the northwest of Geilsland Cunninghame School, south west of Head House, Street Junction and the Irvine, A737. Ayrshire KA12 8EE CPO Sheet: 1 of 2

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248 429 square metres or North Ayrshire Owner thereby forming the solum Council, of B706 Barrmill Road, Cunninghame lying north east of the centre House, point of Manrahead Irvine, Roundabout, south west of Ayrshire Geilsland School and to the KA12 8EE north west of the A737.

CPO Sheet: 1 of 2

The order includes land falling within the special categories to which Part III of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies, namely land forming part of a common or open space.

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SECOND SCHEDULE

Exchange Land

Number Description of Land

On Map

1001 603 square metres or thereby of land forming part of the solum and verge of the A737, lying to the west and north of Geilsland School, south west of Head Street Junction

CPO Sheet 2 of 2

1002 459 square metres or thereby of land forming part of the solum and verge of the A737, lying to the west and north west of Geilsland School, south west of Head Street Junction

CPO Sheet: 2 of 2

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Roads (Scotland) Act 1984

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

The A737/A738 Trunk Road (Improvements at Beith) Compulsory Purchase Order 201[ ]

201[ ]

Scottish Government Legal Directorate Victoria Quay EH6 6QQ

Transport Scotland Ref: The A737 Improvements at Beith: Orders:

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