SCHEDULES
F5SCHEDULE 4 Acquisition of land
F4Part III“Cleansing”Provisions
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F3Power to override easements and other rights
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F16
1
The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by the F2AssemblyF2 under section 21A above, whether done by the F2AssemblyF2 or by a person deriving title under the F2AssemblyF2, is authorised by virtue of this paragraph if it is done in accordance with planning permission even if it involves—
a
interference with an interest or right to which this paragraph applies; or
b
a breach of a restriction as to the user of land arising by virtue of a contract.
F61A
The use of any land which has been acquired by the Welsh Ministers under section 21A above, whether the use is by the Welsh Ministers or by a person deriving title under them, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—
a
interference with an interest or right to which this paragraph applies, or
b
a breach of a restriction as to the user of land arising by virtue of a contract.
2
Nothing in this paragraph authorises interference with—
a
any right of way; or
b
any right of laying down, erecting, continuing or maintaining apparatus on, under or over land,
which is vested in or belongs to statutory undertakers for the purpose of the carrying on of their undertaking.
3
This paragraph applies to any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
4
Compensation in respect of any interference or breach in pursuance of sub-paragraph (1) F7or (1A) above—
a
shall be payable under section 7 or 10 of the M1Compulsory Purchase Act 1965; and
b
shall 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 the compensation is to be estimated in connection with a purchase to which that Act applies or the injury arises from the execution of works on F8, or use of, land acquired by such a purchase.
5
a
is liable to pay compensation by virtue of sub-paragraph (4) above; but
b
fails to discharge that liability,
6
7
Nothing in this paragraph authorises any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than an interference or breach such as is mentioned in sub-paragraph (1) F9or (1A) above.
8
In this paragraph—
a
a reference to a person deriving title from another person includes a reference to any successor in title of that other person; and
b
a reference to deriving title is a reference to deriving title either directly or indirectly.
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4