The Transport and Works Act 1992 The Transport and Works (Inquiries Procedures) Rules 2004

Transcription

1 Statement of Case On behalf of Costa Limited The Transport and Works Act 1992 The Transport and Works (Inquiries Procedures) Rules 2004 and The Network Rail (Manchester Piccadilly and Oxford Road Capacity Scheme) Order 1 June 2015 Ref. G6359/AMC copyright reserved 2013 Gerald Eve LLP 72 Welbeck Street London W1G 0AY Tel. +44 (0)

2 Contents Page Appendices 1 Introduction 3 2 Impact of the works on the Property 5 3 Grounds of objection 6 4 Conclusion 8 A Letter of objection to the Order copyright reserved 2013 Gerald Eve LLP Page 2

3 1 Introduction 1.1 Network Rail Limited ( Network Rail ) has applied to the Secretary of State for Transport, under sections 1 & 5 of the Transport and Works Act 1992, for The Network Rail (Manchester Piccadilly and Oxford Road Capacity Scheme) Order ( the Order ). 1.2 Costa Limited ( Costa ) occupies accommodation on Manchester Piccadilly Station concourse known as Mobile Unit 1 together with the whole of storage Unit 13, as lessee, under a lease for a term of 6 years from 18 April Costa also occupies the accommodation known as S.2 The Satellite Lounge, Manchester Piccadilly Station and storage room S2 on platform 12, as lessee under a lease for a term of 6 years from 3 July Together these units are referred to as the Properties. 1.4 Costa has been served with notice that the Properties are subject to the powers provided for in the Order. The Order provides, inter alia for powers to carry out works to buildings. 1.5 The Order provides for the acquisition by Network Rail of the interests in the Properties for the purpose of constructing, maintaining and operating works in the City of Manchester for the improvement of the railway at Piccadilly, Oxford Road and Deansgate stations to increase capacity along the existing elevated railway line between these points, known as the Castlefield Corridor. 1.6 Costa objected to the Order by way of a letter on its behalf dated 23 February 2015 from Gerald Eve LLP. A copy of the letter is attached as Appendix A to this Statement. copyright reserved 2013 Gerald Eve LLP Page 3

4 1.7 This Statement on behalf of Costa summarises the impact, on the Properties and on Costa s business, of the works proposed to be carried out under the powers contained in the Order and sets out the case which Costa proposes to put forward at an inquiry. copyright reserved 2013 Gerald Eve LLP Page 4

5 2 Impact of the works on the Property 2.1 Costa operates at the Properties a high class shop and a Mobile Unit for the sale of coffee, hot and cold drinks, sandwiches, pastries, cakes, muffins and other associated products with additional ancillary storage accommodation. The Order requires the acquisition of Costa s interests in the Properties for the purposes of the scheme. copyright reserved 2013 Gerald Eve LLP Page 5

6 3 Grounds of objection 3.1 Costa objects to the Order on the grounds that the powers contained in it do not provide sufficient grounds for the acquisition of their interests. 3.2 Specifically, the grounds of objection as set out in the letter attached in Appendix A are as follows: (i) Costa does not wish to be deprived of its leasehold interests in, and occupation of, the Properties; (ii) Costa is anxious to retain its representation in this area of Manchester and currently operates profitable businesses from the Properties. It has not to date been able to identify suitable alternative properties to which its operations could be relocated and is concerned that no suitable property or properties will become available in the timescale within which it would be likely to have to give up possession, were the Order to be made. It is particularly concerned due to the number of other retailers also likely to be seeking alternative premises; (iii) Costa is a well-known, popular and successful retailer, represented in many prime transport locations, and would be a suitable retailer for inclusion in the new development. Accordingly we consider that Network Rail should make provision in the retail units within the development for a replacement unit or units for our client; (iv) Network Rail has not demonstrated that there is a sufficiently compelling case in the public interest to justify interfering with Costa s rights under the European Convention on Human Rights; (v) No offer has been made to purchase Costa s leasehold interests. It cannot be said that compulsory purchase powers are required on the grounds that it copyright reserved 2013 Gerald Eve LLP Page 6

7 is not possible to acquire the interest by agreement; (vi) As there are no compelling grounds for acquisition of Costa s property, we request that the Order is not made in relation to it. Alternatively Costa should be given an undertaking that it will be offered a suitable unit or units in the new development. 3.3 In addition an assurance is required from Network Rail that it agrees that closure of the business is appropriate and that proper compensation will be paid for the consequent losses incurred, assessed in accordance with the principles of compensation for compulsory purchase. copyright reserved 2013 Gerald Eve LLP Page 7

8 4 Conclusion 4.1 Costa objects to the Order on the grounds set out above and requests that the Order should not be made, or that if made it should be subject to an undertaking by Network Rail that suitable provision for its business will be made in the new development. Gerald Eve LLP 1 June 2015 copyright reserved 2013 Gerald Eve LLP Page 8

9 APPENDIX A Letter of objection to the Order copyright reserved 2013 Gerald Eve LLP Page 9