Article 13 Cranes

Network Rail may enter upon and use airspace above the surface of land specified in paragraph (8) for the oversailing of cranes used by Network Rail in connection with the construction of the authorised works.

The power under paragraph (1) is exercisable on giving at least 7 days’ notice to the owners and occupiers of the land.

Network Rail may not, without the agreement of the owners of the land, use airspace above the surface of the land as mentioned in paragraph (1) after the end of 7 days beginning with the date of completion of the activities for which the crane has been used.

Network Rail must pay compensation to the owners and occupiers of land above which the power under paragraph (1) is exercised for any loss which they may suffer by reason of the exercise of that power.

Any dispute as to a person’s entitlement to compensation under paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the 1961 Act.

Nothing in this section affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act (as applied by article 5(1) to the acquisition of land under article 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under paragraph (4).

The powers of compulsory acquisition of land conferred by this Order do not apply in relation to the land referred to in paragraph (1) except that Network Rail is not precluded from—

This is the land referred to in paragraph (1)—