Article 31 Temporary use of land for carrying out the authorised development

(1)

Subject to paragraph (2), the undertaker may, in connection with the carrying out of the authorised development—

(a)

enter on and take temporary possession of—

(i)

the land specified in column (1) of the table in Schedule 11 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (2) of the table in that Schedule; and

(ii)

any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b)

remove any buildings, agricultural plant, apparatus, drainage, fences, landscaping, debris and vegetation from that land;

(c)

construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;

(d)

use the land for the purposes of a temporary working site with access to the working site in connection with the authorised development;

(e)

construct any works, on that land as are mentioned in Schedule 1 (authorised development); and

(f)

carry out mitigation works required in accordance with the requirements in Schedule 2 (requirements).

(2)

Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a)

any house or garden belonging to a house;

(b)

any building (other than a house) if it is for the time being occupied.

(3)

Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4)

The undertaker must not remain in possession of any land under this article for longer than reasonably necessary and in any event must not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a)

in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of final commissioning of the part of the authorised development for which temporary possession of the land was taken; or

(b)

in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of final commissioning of the part of the authorised development for which temporary possession of the land was taken, unless the undertaker has, before the end of that period, served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act.

(5)

Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all works and restore the land to the reasonable satisfaction of the owners of the land unless otherwise agreed but the undertaker is not required to—

(a)

replace any building, debris, drain or electric line removed under this article;

(b)

remove any drainage works installed by the undertaker under this article;

(c)

remove any new road surface or other improvements carried out under this article to any street;

(d)

remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(e)

remove any fencing or boundary treatments installed by the undertaker under this article to replace or enhance existing fencing or boundary treatments; or

(f)

restore the land on which any works have been carried out under paragraph (1)(f) insofar as the works relate to mitigation, compensation or enhancement works identified in the environmental statement or required under the requirements in Schedule 2 (requirements).

(6)

The undertaker must pay compensation to the owners and occupiers of land which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.

(7)

Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8)

Subject to article 45 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9)

The undertaker may not compulsorily acquire, acquire new rights over, or impose restrictive covenants over, the land referred to in paragraph (1)(a)(i) under this Order.

(10)

Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(11)

Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(12)

Nothing in this article prevents the taking of temporary possession more than once in relation to any land under paragraph (1).