Article 17 Rights under or over streets

(1)

The undertaker may enter upon and appropriate so much of the subsoil or surface of, or air-space over, any street shown on the deposited plans and described in the book of reference as may be required for the purposes of the authorised works and may use the subsoil, surface and air-space for those purposes or any other purposes connected with or ancillary to its undertaking.

(2)

The power under paragraph (1) above may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street.

(3)

The undertaker shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any person suffering loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.

(4)

Paragraphs (2) and (3) above shall 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 on to the street.