Article 17 Authority to survey and investigate the landI1

England, Wales and Scotland

(1)

The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—

(a)

survey or investigate the land;

(b)

without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c)

without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

(d)

place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2)

No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3)

Any person entering land under this article on behalf of the undertaker—

(a)

must, if so required before or after entering the land, produce written evidence of their authority to do so; and

(b)

may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4)

No trial holes are to be made under this article—

(a)

in land located within the highway boundary without the consent of the highway authority; or

(b)

in a private street without the consent of the street authority,

but such consent is not to be unreasonably withheld.

(5)

The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(6)

If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—

(a)

under paragraph (4)(a) in the case of a highway authority; or

(b)

under paragraph (4)(b) in the case of a street authority,

that authority is to be deemed to have granted consent.

(7)

Unless the undertaker has taken temporary possession of the land pursuant to article 28 (temporary use of land by the undertaker), the undertaker shall (unless required by the owners of the land not to do so) remove all vehicles and equipment from and restore the land to the reasonable satisfaction of the owners as soon as reasonably practicable after completion of the survey, monitoring or investigation (as the case may be).

Annotations

Commencement

I1: Art. 17 in force at 28.10.2016, see art. 1