Paragraph 5 I1

(1)

The undertaker must not exercise the identified powers—

(a)

in relation to the Wilton Land without the consent in writing of the owner of that land; or

(b)

where the exercise of the identified powers affects apparatus in the Wilton Land that is operated for the benefit of the Wilton Complex, without the consent in writing of the operator in relation to that apparatus.

(2)

Where a person is asked to give consent for the purposes of sub-paragraph (1), the consent must not be unreasonably withheld.

(3)

If the undertaker considers that consent has been unreasonably withheld, the undertaker may refer the request for consent to an expert appointed under paragraph 24 for determination.

(4)

If an owner or operator fails to respond to a request for consent within 30 days after the day on which the request is made, consent is deemed to have been unreasonably withheld, and the undertaker may refer the request for consent to an expert appointed under paragraph 24 for determination.

(5)

Except in an emergency, or as otherwise provided in this Part, the undertaker must give at least 30 days’ notice of the proposed exercise of the identified powers to affected owners of the Wilton Land.

(6)

In this paragraph, “identified powers” means the powers conferred by the following—

(a)

article 15 (temporary stopping up of streets);

(b)

article 16 (access to works);

(c)

article 18 (discharge of water);

(d)

article 20 (authority to survey and investigate land);

(e)

article 22 (compulsory acquisition of land);

(f)

article 25 (compulsory acquisition of rights);

(g)

article 26 (private rights of way);

(h)

article 28 (rights under or over streets);

(i)

article 29 (temporary use of land for carrying out authorised project);

(j)

article 30 (temporary use of land for maintaining the carrying out authorised project).

Annotations

Commencement

I1: Sch. 12 Pt. 6 para. 5 in force at 26.8.2015, see art. 1