New Towns Act 1981

19 Power to override easements and other rights. E+W

(1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by a development corporation or local highway authority for the purposes of this Act, whether done by the corporation or authority or by any other person, is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding—

(a) that it involves interference with an interest or right to which this section applies; or

(b) that it involves a breach of a restriction as to the user of land arising by virtue of a contract.

(2) Nothing in subsection (1) above authorises interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking [F1 or a right conferred by or [F2 in accordance with the electronic communications code] on the operator of [F3 an electronic communications code network].]

(3) This section applies to the following interests and rights, that is to say, any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(4) In respect of any interference or breach in pursuance of subsection (1), compensation shall be payable under section 7 or section 10 of the M1 Compulsory Purchase Act 1965, to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—

(a) the compensation is to be estimated in connection with a purchase by a development corporation or local highway authority; or

(b) the injury arises from the execution of works on land acquired by such a corporation or authority.

(5) Where a person other than the development corporation or local highway authority by whom the land in question was acquired is liable to pay compensation by virtue of subsection (4) above, and fails to discharge that liability, the liability shall be enforceable against that corporation or authority.

(6) Nothing in subsection (5) above shall be construed as affecting any agreement between that corporation or authority and any other person for indemnifying the corporation or authority against any liability under that subsection.

(7) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in subsection (1).

(8) Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body.

Textual Amendments

F1 Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 79(3), Sch. 5 para. 45

F2 Words in s. 19(2) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 57(1)(b)(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F3 Words in s. 19(2) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 57(1)(b)(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Marginal Citations

M1 1965 c. 56.