Notice of confirmation of a compulsory purchase order

UNITED UTILITIES WATER LIMITED (ECCLES WASTEWATER TREATMENT WORKS) COMPULSORY PURCHASE ORDER 2016

THE WATER INDUSTRY ACT 1991 AND THE ACQUISITION OF LAND ACT 1981

1. Notice is hereby given that the Secretary of State for Environment, Food and Rural Affairs (the “Secretary of State”) in exercise of its powers under the above Acts, on 26 October 2021 confirmed with modifications the United Utilities Water Limited (Eccles Wastewater Treatment Works) Compulsory Purchase Order 2016 (the “Order”) submitted by United Utilities Water Limited (the “Acquiring Authority”).
   
   
2. The Order as confirmed provides for the purchase by the Acquiring Authority of the land and new rights described in Schedule 1 hereto for the purposes of and in connection with the carrying out of its functions as a sewerage undertaker namely to lay and use a new pipeline for the benefit of the Acquiring Authority’s undertaking generally and its land at Eccles Wastewater Treatments Works, for the discharge of water and effluent to the Manchester Ship Canal, and ancillary and related works and activities.
   
   
3. A copy of the order as confirmed by the Secretary of State and the map referred to therein can be found below. The documents have also been deposited for inspection at Eccles Library. Prior to visiting the Library, please make contact to check the opening times and arrangements for visiting and viewing the documents.

   • Venue - Eccles Library

   • Address details - Eccles Gateway, 28 Barton Lane, Eccles, Salford, M30 0TU 

   • Contact details - Telephone: 0800 952 1000

   • Opening times - Monday to Friday between 9:00am and 6:00pm and Saturday between 9:00am and 1:00pm
4. If you require a hard copy of any of the below-mentioned documents, you can request hard copies from the Acquiring Authority, using the contact details above. When making a request for hard copies, please specify which documents you require (please note that only relevant excerpts of the Schedule to the Order will be made available in hard copy) and the address to which you would like them to be delivered.
   
   
5. The Order as confirmed 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 can be 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.
   
   
6. Once the Order becomes operative, the Acquiring Authority 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) Act1981. A statement of the effect of Parts 2 and 3 of that Act is set out in Schedule 2 to this Notice.
   
   
7. Every person who, if a general vesting declaration were executed under section 4 of that Act 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 the Acquiring Authority information about the person's name, address and interest in land, using a prescribed form. The relevant prescribed form is set out in Schedule 3 to this Notice.  Once completed, it should be returned, by post to Peter Gill, United Utilities Property Services, Clearwater 2, Lingley Mere Business Park, Lingley Green Avenue, Warrington, WA5 3LP or by email to gill2@uuplc.co.uk.

SCHEDULE 1

DESCRIPTION OF THE LAND AND NEW RIGHTS COMPRISED IN THE ORDER AS CONFIRMED

This notice relates to so much of the land subject to powers of compulsory acquisition as is described below.

Land to be acquired

Land comprising of the following all of which are west of Eccles Wastewater Treatment Works, Salford, except those interests owned by the Acquiring Authority: grassed land and track north of the Manchester Ship Canal and west of Barton Locks the AJ Bell Stadium; grassed land and river (Salteye Brook) south of Liverpool Road, north of the Manchester Ship Canal and west of Barton Locks; grassed land north of Barton Locks, north of Manchester Ship Canal, south of Liverpool Road, west of Barton Locks, west of AJ Bell Stadium and east of Salteye Brook; and grassed land, public footpath (No.2) and access tracks south of Liverpool Road and north of the Manchester Ship Canal.

Land over which New Rights are to be acquired: 

1. Category 1 Land: land west of the Eccles Wastewater Treatment Works, south of Liverpool Road (A57) and north of the Manchester Ship Canal extending westwards under the M60 motorway (Barton Bridge), south of the AJ Bell Stadium to the confluence of Salteye Brook and the Manchester Ship Canal, Eccles. Land also comprises an access route along Stadium Way from near the junction with Liverpool Road (A57) southwards past the west side of the AJ Bell Stadium, and an access route eastwards towards the Motorway (M60) comprising of grassed land, public footpaths (No.3 and No.4), hardstanding and car parking (The AJ Bell Stadium) north of the Manchester Ship Canal and land under and to the east of the Motorway (M60) and north of the Manchester Ship Canal to the boundary of the Eccles Wastewater Treatment Works.
   
   
2. Category 2 Land: private road and footways, Irlam Wharf Road off Cadishead Way, and Irlam Wharf Container Depot works and land, north of the Manchester Ship Canal, Eccles.
   
   
3. Category 3 Land: land including the Manchester Ship Canal, works, bed and banks thereof from Salteye Brook extending westwards from the Barton Locks and the confluence of the Canal and Salteye Brook, Irlam Locks to Irlam Wharf Container Depot and Manchester Ship Canal, Eccles

Summary of New Rights to be Acquired

All rights necessary over the Category 1 Land to:

1. construct a new shaft, outfall and accessories and install intermittent outfalls and to place new sewers and pipelines and associated infrastructure within the land with the right to discharge into the Manchester Ship Canal, and enjoy the free flow of water, soil and effluent through the outfalls, sewers and pipelines. The right to remove or divert, decommission, dismantle and abandon apparatus and equipment. The right to divert, alter and manage the flow of and carry out works within Salteye Brook. The right to carry out works to support, reinstate and remove buildings, vegetation and structures. The right to carry out ecological mitigation works. The right to survey and monitor. The right to retain, inspect, maintain, replace and use the shaft, outfalls, sewers and pipelines and associated infrastructure;
   
   
2. use land in connection with the rights in paragraph (a) above and to enter on, construct, improve, maintain and remove an access road and to pass and re-pass, with the right to oversail cranes.

All rights necessary over the Category 2 Land to enter on, pass and re-pass. The right to carry out ecological mitigation works. The right to carry out works to support, protect, repair, remove, reinstate and rebuild the ground, buildings, vegetation and structures. To use the wharf for the purposes of assembly and disassembly of plant, barges and pontoons and for gaining access to and from the Manchester Ship Canal, and to tether or secure and re-fuel boats, barges and pontoons and the right to oversail cranes.

All rights necessary over the Category 3 Land to construct new outfalls and accessories, with the right to discharge and enjoy the free flow of water, soil and effluent and to retain, inspect, maintain, replace and use the outfall, and to install, construct, replace, use and remove intermittent outfalls. The right to access the land and adjoining land in connection with the construction of the sewers and pipelines, outfalls and associated infrastructure. The right to survey and monitor. The right to navigate, to moor and to compel the operation of locks and carry out dredging. The right to oversail with cranes.

SCHEDULE 2

Statement of 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 United Utilities Water Limited (Eccles Wastewater Treatment Works) Compulsory Purchase Order 2016 (hereinafter called the “Order”), has become operative, the acquiring authority, United Utilities Water Limited (hereinafter called the "Acquiring Authority") 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 the Acquiring Authority at the end of the period mentioned in paragraph 2

Notices concerning general vesting declaration

2. As soon as may be after the Acquiring Authority 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 confirmation of the Order. 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 (below), vest in the Acquiring Authority together with the right to enter on the land and take possession of it.  Every person on whom the Acquiring Authority 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 the 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 it to terminate the tenancy while the tenant will use every opportunity to retain or renew it.
   
   
5. The modifications are that the Acquiring Authority 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.

Pinsent Masons LLP

For and on behalf of United Utilities Water Limited

Dated:  3 December 2021

SCHEDULE 3

FORM FOR GIVING INFORMATION

THE UNITED UTILITIES WATER LIMITED (ECCLES WASTEWATER TREATMENT WORKS) COMPULSORY PURCHASE ORDER 2016

To: Peter Gill, United Utilities Property Services, Clearwater 2, Lingley Mere Business Park, Lingley Green Avenue, Warrington, WA5 3LP

[I] [We] (delete as applicable) being [a person] [persons] (delete as applicable) 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] (delete as applicable) 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.

DATA PROTECTION

The Acquiring Authority, its agents and service providers will process your personal information for the purpose of implementing the above-named Order, 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.

To find out more about how the Acquiring Authority handles personal data or to review the Acquiring Authority’s General Data Protection Regulations Compliance Policy and its related Privacy Notice please visit the Acquiring Authority’s website at https://www.unitedutilities.com/privacy/.