The Chester Guided Busway Order 2002

Rights in streets

19.—(1) The Council may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the limits of land to be acquired as may be required for the purposes of the authorised works and may use the subsoil or air-space for those purposes or any other purpose connected with or ancillary to the busway system.

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

(3) Any person, who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the Council acquiring any part of that person’s interest in the land and who suffers 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) Paragraph (2) shall not apply in relation to—

(a) any subway or underground building, or

(b) any cellar, vault, arch or other construction in or on a street which forms part of a building fronting onto the street.

(5) For the avoidance of doubt, the powers given by articles 6, 7 and 8 shall, where their exercise requires appropriation and use of sub-soil or air-space under this article or the acquisition of land or a right in land, be limited to the limits of land to be acquired.