Article 22 Rights under or over streetsI1

England, Wales and Scotland

(1)

The undertaker may enter on and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised project and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised project.

(2)

Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3)

Paragraph (2) does not apply in relation to—

(a)

any subway or underground building; or

(b)

any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4)

Subject to paragraph (5), any person who—

(a)

is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land; and

(b)

suffers loss as a result,

is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5)

Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Annotations

Commencement

I1: Art. 22 in force at 27.9.2016, see art. 1(2)