Power to survey and investigate landE+W
15.—(1) The promoter may for the purposes of this Order—
(a)survey or investigate any land shown within the Order limits or which may be affected by the authorised works;
(b)without limitation on the scope of sub-paragraph (a), make trial holes in such positions as the promoter thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
(c)without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on the land;
(d)place on, leave on and remove from the land apparatus for use in connection with the surveying and investigation of land and making of trial holes; and
(e)enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d).
(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days’ notice has been served on every owner and occupier of the land.
(3) Any person entering land under this article on behalf of the promoter—
(a)must, if so required, before or after entering the land produce written evidence of authority to do so; and
(b)may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
(4) No trial holes are to be made under this article—
(a)in a carriageway or footway without the consent of the highway authority; or
(b)in a private street without the consent of the street authority,
but such consent must not be unreasonably withheld.
(5) The promoter must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(6) Nothing in this article overrides the requirement for scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979 (1).
(7) If either a highway authority or a street authority fails to notify the promoter of its decision within 14 days of receiving an application for consent under paragraph (4), that authority is deemed to have granted consent.
(8) This article does not apply to any land within the limits of land to be temporarily used for the oversailing of equipment.
Commencement Information
I1Art. 15 in force at 22.8.2013, see art. 1