Article 27 Temporary use of land for carrying out the authorised projectI1

England and Wales

(1)

The undertaker may, in connection with the carrying out of the authorised project—

(a)

enter on and take temporary possession of—

(i)

the land specified in columns (1) and (2) of Schedule 8 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised project specified in column (4) of that Schedule;

(ii)

subject to paragraph (11), any other Order land in respect of which no notice of entry has been served under section 11 of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the 1981 Act;

(b)

remove any buildings and vegetation from that land;

(c)

construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;

(d)

use the land for the purposes of a construction working site with access to the construction working site in connection with the authorised development; and

(e)

construct any works, or to use the land, as specified in relation to that land in column (3) of Schedule 8, or any mitigation works.

(2)

Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(3)

The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a)

in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 8; and

(b)

in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of this land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act.

(4)

Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to—

(a)

replace a building removed under this article;

(b)

restore the land on which any works have been constructed under paragraph (1)(e), or

(c)

remove any ground strengthening works which have been placed in that land to facilitate construction of the authorised development.

(5)

The undertaker 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 provisions of any power conferred by this article.

(6)

Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

(7)

Nothing in this article shall affect any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (5).

(8)

The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1) except that the undertaker shall not be precluded from—

(a)

acquiring new rights or imposing restrictive covenants over any part of that land under article 21 (compulsory acquisition of rights); or

(b)

acquiring any part of the subsoil (or rights in the subsoil) of that land under article 24 (acquisition of subsoil only).

(9)

Where the undertaker takes possession of land under this article, the undertaker shall not be required to acquire the land or any interest in it.

(10)

Section 13 of the 1965 Act (refusal to give possession to acquiring authority) shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

(11)

Paragraph (1)(a)(ii) shall not authorise the undertaker to take temporary possession of any land which it is not authorised to acquire under article 19 (compulsory acquisition of land).

(12)

Nothing in this article shall prevent the taking of temporary possession more than once in relation to any land specified in Schedule 8.

Annotations

Commencement

I1: Art. 27 in force at 28.11.2014, see art. 1