Article 23 Restrictions on userI1

The carrying out or use of development authorised by this Order and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, regardless of whether it involves a breach of a restriction as to user of land arising by virtue of contract.

The undertaker must pay compensation to any person whose land is injuriously affected by a breach of a restriction as to user of land arising by virtue of contract, if that breach is authorised by virtue of this Order and the operation of section 158 of the 2008 Act.

Subsection (2) of section 10 of the 1965 Act applies to paragraph (2) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act.

Any rule or principle applied to the construction of section 10 of the 1965 Act is to be applied to the construction of paragraph (2) (with any necessary modifications).