Article 15 Authority to survey and investigate landI1

England, Wales and Scotland

(1)

The undertaker may for the purposes of this Order enter on any land shown within the Order limits and—

(a)

survey or investigate the land;

(b)

without limiting 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 limiting 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.

This is limited to the right to carry out the surveys and investigations specified in column (2) of Schedule 4 (land in which surveys and investigations may be carried out) over the land specified in column (1) of that Schedule.

(2)

No land may be entered or equipment placed or left on or removed from the land under sub-paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3)

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

(a)

must, if so required on entering the land, produce written evidence of the person’s 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 may be made under this article—

(a)

in land located within the highway boundary without the consent of the local 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, under Part 1 (determination of questions of disputed compensation) of the 1961 Act^f1.

Annotations

Commencement

I1: Art. 15 in force at 7.1.2015, see art. 1

Footnotes

f1: Sections 1 and 4 were amended, and sections 2 and 3 repealed, by paragraphs 37 to 39 of S.I. 2009/1307.