Article 38 Special category landI1

On the exercise by the undertaker of the relevant Order powers, so much of the special category land as is required for the purposes of the exercise by the undertaker of the Order rights is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise by the undertaker of the Order rights.

So far as the temporary use of land under article 33 (temporary use of land for carrying out the authorised development) is concerned, then the discharge in paragraph (1) is only for such time as the land is being used under that article.

In this article—

• “Order rights” means the rights and powers exercisable over the special category land by the undertaker under article 26 (compulsory acquisition of rights and imposition of restrictive covenants) and article 33; and

• “special category land” means the land identified as forming part of a public open space numbered 1/2f, 1/2i and 2/2a in the book of reference and on the plan entitled “special category land plans”.