Temporary use of land for carrying out the authorised development
25.—(1) The undertaker may, in connection with the carrying out of the authorised development—
(a)enter on and take temporary possession of—
(i)the land specified in columns (1) and (2) of Schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and
(ii)any of the Order land in respect of which no notice of entry has been served under section 11 of the 1965 Act or no declaration has been made under section 4 of the 1981 Act;
(b)remove any buildings and vegetation from that land; and
(c)construct temporary works (including the provision of means of access) and buildings on that land.
(2) Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry and its purpose on the owners and occupiers of the land.
(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article—
(a)in the case of land of which temporary possession may be taken under paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Schedule 7;
(b)in the case of any Order land, of which temporary possession may be taken under paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.
(4) The undertaker must provide the owner of any land over which temporary possession has been taken pursuant to paragraph (3)(a) or (b) with written notice of the date of completion of the work for which that temporary possession was taken within 28 days of the completion of those works.
(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not to be required to replace a building removed under this article.
(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.
(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
(8) Nothing in this article is to affect any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).
(9) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) or (ii) except that the undertaker is not to be precluded from—
(a)acquiring new rights over any part of that land under article 18 (compulsory acquisition of rights); or
(b)acquiring any part of the subsoil or of airspace over (or rights in the subsoil or of airspace over) of that land under article 23 (acquisition of subsoil or airspace only).
(10) Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it.
(11) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) is to apply to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).