The Barking Barrage Order 1995

Extinction or suspension of private rights of way

28.—(1) All private rights of way, drainage and moorings over land subject to compulsory acquisition under this Order shall be extinguished—

(a) as from the acquisition of the land by the Borough, whether compulsorily or by agreement; or

(b) on the entry on the land by the Borough under section 11(1) of the 1965 Act,

whichever is sooner.

(2) All private rights of way, drainage and moorings over land of which the Borough takes temporary possession under this Order shall be suspended and unenforceable for as long as the Borough remains in lawful possession of the land.

(3) Any person who suffers loss by the extinguishment or suspension of any private right of way drainage and moorings over land under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.

(4) This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990(1) (extinguishment of rights of statutory undertakers etc.) applies.

(5) Schedule 5 shall have effect for the purpose of modifying the provisions of sections 271 to 274 of the Town and Country Planning Act 1990 (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) in relation to the apparatus of statutory undertakers on land acquired under this Order.

(1)

1990 c. 8.