Article 44 Open space and exchange land
Network Rail will not under the powers of this Order take possession of any part of the special category land until Network Rail has taken possession of the exchange land.
Upon Network Rail taking possession of so much of the special category land as is required for the authorised works that land will be discharged from all rights, trusts and incidents to which it was previously subject.
Network Rail must lay out as replacement open space, before the end of the period of one year beginning with the date the authorised works are first brought into public use, the exchange land of which possession has been taken under paragraph (1).
As soon as Kirklees District Council has certified that the exchange land referred to in paragraph (3) has been laid out to its reasonable satisfaction as replacement open space that land will vest in Kirklees District Council subject to—
the like rights, trusts and incidents as attached to so much of the special category land of which possession has been taken under paragraph (1); and
such rights as may be required by Network Rail to carry out monitoring, remedial or maintenance works upon the exchange land for the benefit of the exchange land.
In this article—
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“the special category land” means the land described as open space on the plan entitled “Open Space Plans” attached to the deposited plans, which may be acquired compulsorily under this Order and for which exchange land is to be provided; and
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“the exchange land” means the land described as exchange land on the plan entitled “Open Space Plans” attached to the deposited plans.