38.—(1) The restriction on the use of restricted land imposed in the transfer dated 5th August 1993 made between (1) Sedgemoor District Council (2) EBC Developments Limited and (3) Safeway Stores Plc and enforceable under section 33 of the Local Government (Miscellaneous Provisions) Act 1982(1) (enforceability by local authorities of certain covenants relating to land) shall be suspended—
(a)as from the date of acquisition of the restricted land or any part of it by the undertaker, whether compulsorily or by agreement;
(b)on the date of entry on the restricted land or any part of it by the undertaker under section 11(1) of the 1965 Act (power of entry); or
(c)on appropriation of the restricted land or any part of it by the undertaker for the purposes of this Order,
whichever is the earlier, for so long as the restricted land is used by the undertaker or any other person for the purpose of the construction or use of Work No. 5A or for student accommodation for Bridgwater College and ancillary, subsidiary and related purposes.
(2) In this article—
“Bridgwater College” means the tertiary college of that name whose main address is Bath Road, Bridgwater, Somerset, TA6 4PZ; and
“restricted land” means the parcels of land shown as BRI_C_1, BRI_C_5, BRI_C_6 and BRI_C_7 on sheet no. 3 of the land plans.
1982 c. 30. Section 33(1) was amended by section 32 of, and paragraph 6 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to the 1982 Act which are not relevant to this Order.