PART IIIMITIGATION OF INJURIOUS EFFECT OF PUBLIC WORKS
Powers of authorities responsible for other public works
Acquisition of land in connection with public works27
1
Subject to the provisions of this Article, a responsible authority may acquire land by agreement for the purpose of mitigating the adverse effect which the existence or use of any public works will have on the surroundings of the works.
2
Subject to the provisions of this Article, a responsible authority may acquire by agreement—
a
land the enjoyment of which is seriously affected by the carrying out of works by the authority for the construction or alteration of any public works;
b
land the enjoyment of which is seriously affected by the use of any public works,
if the interest of the vendor isF1 one which falls within Article 4 of the Planning Blight (Compensation) (Northern Ireland) Order 1981 (interests qualifying for protection under blight provisions) taking references to the date of service of a blight notice under Article 5 of that Order as references to the date on which the purchase agreement is made.
3
The powers conferred by paragraph 2( b) shall not be exercisable unless the date on which the public works or, as the case may be, the altered public works, are first used falls on or after 17th October 1971 and the powers conferred by paragraphs (1) and (2)( a) shall not be exercisable unless that date falls on or after 17th October 1972, and—
a
if that date falls not later than one year after the coming into operation of this Part—
i
the powers conferred by paragraphs (1) and (2)( b) shall not be exercisable unless the acquisition is begun before the end of one year after the coming into operation of this Part or one year after that date, whichever ends later;
ii
the powers conferred by paragraph (2)( a) shall not be exercisable unless the acquisition is begun before the end of one year after the coming into operation of this Part;
b
if that date falls more than one year after the coming into operation of this Part—
i
the powers mentioned in sub-paragraph ( a)(i) shall not be exercisable unless the acquisition is begun before the end of one year after that date;
ii
the powers mentioned in sub-paragraph ( a)(ii) shall not be exercisable unless the acquisition is begun before that date.
4
For the purposes of paragraph (3) the acquisition of any land shall be treated as begun when the agreement for its acquisition is made.
5
This Article applies only where the responsible authority have statutory powers to acquire land (whether compulsorily or by agreement) for the purposes of their functions but would not, apart from this Article, have power to acquire land as mentioned in paragraphs (1) and (2).
6
In this Article “public works” and “responsible authority” have the same meaning as in Article 4 except that “public works” does not include a road or any works forming part of the works of a statutory undertaker as defined in Article 2(2) of the Planning (Northern Ireland) Order 1972 [1972 NI 17] , not being the Post Office or a person authorised to carry on a transport undertaking.