PART 3ACQUISITION AND POSSESSION OF LAND
Temporary possession of land
Temporary use of land for construction of worksI130
1
Subject to paragraph (2), LUL may, in connection with the carrying out of the authorised works—
a
enter upon and take temporary possession of—
i
the land specified in columns (1) and (2) of Schedule 5 (land of which temporary possession may be taken) and shown on the deposited plans as within the limits of land to be used only temporarily, for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works (or any of those works) so specified in column (4) of that Schedule; and
ii
any of the land within the limits of deviation in respect of which no notice of entry has been served under section 11 of the 1965 Act40 (powers of entry) and no declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration), except for the surface of the land listed in Schedule 6 (land at surface level of which temporary possession may not be taken);
b
remove any buildings, apparatus and vegetation from that land;
c
construct temporary works (including the provision of means of access) and buildings on the land; and
d
construct any works in relation to that land as are mentioned in Schedule 1 (scheduled works) or article 14 (works in the river), and any other works that are required.
2
Regardless of paragraph (1), LUL may not under this article take exclusive possession of the river area but may only possess the river area subject to the supervision of the Harbour Master at such times and in such places and such manner as is necessary for LUL safely to carry out any of the authorised works under Schedule 1 (scheduled works) or article 14 (works in the river). At times and places where LUL is not actively carrying on such authorised works, the public right of navigation in the river area continues.
3
Not less than 14 days before entering upon and taking temporary possession of land under this article LUL must serve notice of the intended entry on the owners and occupiers of the land.
4
LUL 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 specified in columns (1) and (2) of Schedule 5, after the end of the period of 2 years beginning with the date of completion of the works specified in relation to that land in column (4) of that Schedule; or
b
in the case of land within the limits of deviation, after the end of the period of 2 years beginning with the date of completion of the works for which temporary possession of the land was taken unless LUL has, before 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 Compulsory Purchase (Vesting Declarations) Act 1981 in relation to that land.
5
Subject to paragraph (6), before giving up possession of land of which temporary possession has been taken under this article, LUL must remove all temporary works above a level 1 metre below the surface of the ground and restore the land above that level to the reasonable satisfaction of the owners of the land; but LUL is not required to replace a building removed under this article or restore the land on which any permanent works have been constructed under paragraph (1)(d).
6
Where under article 14(1)(h) or as part of Work No. 10 any piled fenders have been placed in the river area, LUL may not cut off those fenders but before giving up possession of land in which those fenders are placed LUL must remove them entirely or, if those fenders are within the scope of a licence granted under section 68 of the 1968 Act, may give up possession of that land with those fenders left wholly intact.
7
LUL 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 powers conferred by this article.
8
Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
9
Without affecting article 47 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)41 of the 1965 Act (further provision as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (7).
10
Where LUL takes possession of land under this article, LUL is not required to acquire the land or any interest in it.
11
Section 1342 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land under this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 24(1) (application of Part 1 of the 1965 Act).