Article 26 Oversailing rightsI1
England and Wales
Subject to the provisions of this article, the undertaker may, in connection with the construction, operation, maintenance or decommissioning of the authorised development, oversail any booms, cranes and similar or associated plant or machinery over land within, or adjacent to, the Order limits (whether or not such adjacent land is inside or outside the Order limits).
At least 14 days before oversailing any land that is not within the Order limits, the undertaker must serve notice of the intended oversailing on the owners and occupiers of the land and such notice must set out—
the proposed duration of the oversailing;
the proposed hours of use of the equipment that is intended to oversail the land; and
a map of the location of the works which require the oversail, including the area of oversail.
No oversailing of any land that is within the highway may take place until—
in relation to the construction of the authorised development only, a code of construction practice for the part of the authorised development for which the oversailing is required first having been approved under requirement 7 (code of construction practice); and
in relation to the decommissioning of the authorised development only, a decommissioning environmental management plan for the phase of the authorised development for which the oversailing is required first having been approved under requirement 23 (decommissioning environmental management plan).
The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.
Annotations
Commencement
- I1
Art. 26 in force at 27.11.2025, see art. 1