Paragraph 76 Compulsory acquisition and temporary useI1

England, Wales and Scotland

(1)

The rights set out in sub-paragraph (2) are not exercisable by the undertaker over the solar farm site if—

(a)

a diversionary agreement has been concluded; and

(b)

a diversionary planning permission has been granted which authorises the construction of a gas pipeline over the route to which the diversionary agreement applies; and

(c)

the land has been acquired by the undertaker under the diversionary agreement.

(2)

Sub-paragraph (1) applies to the following rights—

(a)

article 17 (compulsory acquisition of land);

(b)

article 18 (compulsory acquisition of rights etc);

(c)

article 22 (acquisition of subsoil only);

(d)

article 24 (private rights);

(e)

article 25 (rights under or over streets);

(f)

article 26 (temporary use of land for carrying out the authorised development);

(g)

article 27 (temporary use of land for maintaining the authorised development); and

(h)

article 28 (statutory undertakers).

Annotations

Commencement

I1: Sch. 9 para. 76 in force at 8.8.2017, see art. 1