Article 8 Temporary use of land in connection with the development

(1)

Subject to the provisions of article 13 (statutory undertakers, etc.), Network Rail may in connection with the development—

(a)

enter upon and take temporary possession of—

(i)

the land specified in columns (1) and (2) of Schedule 3 (land of which temporary possession may be taken) for the purposes described in column (3) of that Schedule; and

(ii)

subject to paragraph (10), any other Order land in respect of which no notice of entry has been served under section 11^f1 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4^f2 (execution of declaration) of the 1981 Act;

(b)

remove any buildings and vegetation from that land;

(c)

construct temporary works (including the provision of means of access) and buildings on that land; and

(d)

construct any permanent works specified in relation to that land in column (3) of Schedule 3 or any mitigation works on that land.

(2)

Not less than 14 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

(3)

Subject to article 4 (power to acquire land), Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the works for the purposes of which temporary possession of that land was taken as specified in column (3) of Schedule 3 in respect of that land.

(4)

Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land, but Network Rail is not required to replace a building removed in connection with the implementation of the development.

(5)

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

(6)

Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(7)

Without affecting article 16 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)^f3 (further provision as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage for which compensation is payable under paragraph (5).

(8)

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

(9)

Section 13^f4 (refusal to give possession to the 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 acquisition of land under this Order by virtue of article 5(1) (application of Part 1 of the 1965 Act).

(10)

Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of any land which it is not authorised to acquire under article 4 (power to acquire land) or any land specified in Schedule 2 (land in which only new rights etc., may be acquired).

Annotations

Footnotes

f1: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.
f2: Section 4 was amended by sections 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016.
f3: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.
f4: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).