{
  "url": "https://openlegislation.uk/network-rail-old-oak-common-great-western-mainline-track-access-order-2026/article-7",
  "json_url": "https://openlegislation.uk/network-rail-old-oak-common-great-western-mainline-track-access-order-2026/article-7.json",
  "legislation": "uksi/2026/591",
  "legislation_title": "The Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026",
  "legislation_url": "https://openlegislation.uk/network-rail-old-oak-common-great-western-mainline-track-access-order-2026",
  "path": "article/7",
  "kind": "article",
  "number": "7",
  "heading": "Temporary use of land in connection with the development",
  "text": "(1) Subject to the provisions of this article, Network Rail may in connection with the development—\n(a) enter upon and take temporary possession of the land specified in column (2) of Schedule 2 (land of which temporary possession may be taken) for the purposes described in column (3) of that Schedule;\n(b) remove vegetation from that land;\n(c) remove any racking, building or other fixed object from that land that was not located on it on 13 January 2026, where Network Rail are of the reasonable opinion that the racking, building or other fixed object will prevent any of the purposes described in column (3) of Schedule 2 (unless removed by the owner of the land at Network Rail’s request); and\n(d) remove moveable objects of whatsoever nature from that land where Network Rail are of the reasonable opinion that such moveable objects will prevent any of the purposes described in column (3) of Schedule 2 (unless removed by the owner of the land at Network Rail’s request).\n(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.\n(3) Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article after 31st January 2030.\n(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 within the Order limits, as well as restoring the boundary fence to the northern boundary of plot 3, to the reasonable satisfaction of the owner of the land but Network Rail is not required to restore any removed racking, building or other fixed object that has been placed on the land since 13th January 2026.\n(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.\n(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.\n(7) Without affecting article 13 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).\n(8) Where Network Rail takes possession of land under this article, it is not required to acquire the land or any interest in it.\n(9) Section 13 (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 4 (application of Part 1 of the 1965 Act).\n(10) Network Rail must not by the exercise of the powers in this article prevent any residents from accessing the garages to the rear of Acton House.\n(11) Subject to paragraphs (12) and (13), the powers conferred by this article cease at the end of the period of 1 year beginning on the date on which this Order comes into force.\n(12) Subject to paragraph (3), nothing in paragraph (11) prevents Network Rail from remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.\n(13) If an application is made under section 23 (grounds for application to High Court) of the Acquisition of Land Act 1981 in respect of any powers under this Order, the period of 1 year in paragraph (11) is to be extended by a period equivalent to the period beginning with the day on which the application is made and ending on the day it is withdrawn or finally determined (within the meaning of section 4A(2) (extension of time limit during challenge) of the 1965 Act).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 4A(2) was amended by section 202 of the Housing and Planning Act 2016 (c. 22)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/591/article/7",
    "retrieved_at": "2026-10-28T21:00:29.097805+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}