Article 37 Public Open Space

The undertaker shall not under the powers of this Order acquire compulsorily any interest in the public open spaces known as Linear Park, Audenshaw and Freedom Gardens, Ashton comprised in the lands numbered 288 and 345 in the book of reference other than the lands shown coloured red on the public open space plans.

None of the land shown coloured red on either of the public open space plans shall vest in the undertaker until the undertaker has acquired the land coloured green on that plan and Tameside Metropolitan Borough Council has certified that a scheme for the replacement as public open space of the land so shown coloured red with the land so shown coloured green has been implemented to its satisfaction.

Upon the requirements of paragraph (2) being satisfied in relation to the land shown coloured red on either of the public open space plans, the land so shown coloured green on that plan shall vest in Tameside Metropolitan Borough Council subject to the like rights, trusts and incidents as attached to the land shown coloured red; and the land shown coloured red shall thereupon be discharged from all rights, trusts and incidents to which it was previously subject.