Article 27 Power to override easements and other rightsI1

England, Wales and Scotland

(1)

Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a)

an interference with an interest or right to which this article applies; or

(b)

a breach of a restriction as to the user of land arising by virtue of a contract.

(2)

In this article “authorised activity” means—

(a)

the erection, construction or maintenance of any part of the authorised project;

(b)

the exercise of any power authorised by this Order; or

(c)

the use of any land (including the temporary use of land).

(3)

The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by the virtue of a contract.

(4)

Where an interest, right or restriction is overridden by paragraph (1), compensation—

(a)

is payable under sections 7 (measure of compensation in case of severance) or 10^f1 (further provision as to compensation for injurious affection) of the 1965 Act; and

(b)

is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i)

the compensation is to be estimated in connection with a purchase under that Act; or

(ii)

the injury arises from the execution of works on or use of land acquired under that Act.

(5)

Where a person deriving title under the undertaker by whom the land in question was acquired—

(a)

is liable to pay compensation by virtue of paragraph (4), and

(b)

fails to discharge that liability,

the liability is enforceable against the undertaker.

(6)

Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.

(7)

Paragraph (1) has effect subject to—

(a)

any notice given by the undertaker, before the authorised activity which—

(i)

interferes with an interest or right to which this article applies; or

(ii)

breaches a restriction as to the user of land to which this article applies,

is begun that the paragraph does not apply to any interest, right or restriction as to the user of land specified in the notice; and

(b)

any agreement made at any time between the undertaker and the person in or to whom the interest, right or restrictive covenant in question is vested, belongs or benefits.

(8)

If any such agreement as is referred to in sub-paragraph (7)(b)—

(a)

is made with a person in or to whom the interest, right or restriction is vested or belongs; and

(b)

is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(9)

This article does not apply to the land shaded yellow on the land plans.

Annotations

Commencement

I1: Art. 27 in force at 27.2.2025, see art. 1

Footnotes

f1: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and by S.I. 2009/307.