Article 17 Authority to survey and investigate the land

(1)

The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development or upon which entry is required in order to carry out monitoring or surveys for the purposes of the authorised development and—

(a)

survey or investigate the land;

(b)

without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c)

without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

(d)

place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2)

No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. If the undertaker proposes to do any of the following, the notice must include details of what is proposed—

(a)

searching, boring or excavating;

(b)

leaving apparatus on the land; and

(c)

taking samples.

(3)

Any person entering land under this article on behalf of the undertaker—

(a)

must, if so required before entering the land, produce written evidence of their authority to do so; and

(b)

may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4)

No trial holes are to be made under this article—

(a)

in land located within the highway boundary without the consent of the highway authority; or

(b)

in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5)

The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6)

If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—

(a)

under paragraph (4)(a) in the case of a highway authority; or

(b)

under paragraph (4)(b) in the case of a street authority,

or such longer period that is agreed in writing between the undertaker and that authority, that authority is deemed to have granted consent.

(7)

Any application for consent under paragraph (4)(a) or (4)(b) must include a statement that the provisions of paragraph (6) apply to that application.

(8)

If an application for consent under paragraph (4)(a) or (4)(b) does not include the statement required under paragraph (7), then the provisions of paragraph (6) will not apply to that application.

(9)

Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.