PART 4ACQUISITION AND POSSESSION OF LAND

Supplementary

Extinction or suspension of private rights of way etc. over land31

1

All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—

a

as from the acquisition of the land by the Council, whether compulsorily or by agreement; or

b

on the date of entry on the land by the Council under section 11(1) of the 1965 Act, whichever is sooner.

2

All private rights of way over land owned by the Council which, being within the limits of land to be acquired or used shown on the land plan, are required for the purposes of this Order shall be extinguished on the appropriation of the land for any of those purposes by the Council.

3

All private rights over land of which the Council takes temporary possession under this Order shall be suspended and unenforceable for as long as the Council remains in lawful possession of the land.

4

Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the Land Compensation Act 1961.

5

This article does not apply in relation to any right of way to which section 271 or 272 of the planning Act (extinguishment of rights of statutory undertakers etc.) or paragraph 2 of Schedule 5 (provisions relating to statutory undertakers etc.) applies.