28.—(1) Network Rail may, in connection with the carrying out of the authorised development—
(a)enter on and take temporary possession of—
(i)the land specified in column (1) of Part 1 of Schedule 9 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (2) of Part 1 of that Schedule relating to the part of the authorised development specified in column (3) of Part 1 of that Schedule;
(ii)any other Order land in respect of which no notice of entry has been served under section 11 of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981;
(b)remove any buildings and vegetation from that land;
(c)construct temporary works (including, subject to the provisions of article 14 (access to works), the provision of means of access) and buildings on that land; and
(d)construct any works specified in relation to that land in column (2) of Part 1 of Schedule 9, or any other mitigation works.
(2) Not less than 28 days before entering on and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.
(3) Network Rail 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 paragraph (1)(a)(i) after the end of the period of 3 years beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Part 1 of Schedule 9; or
(b)in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of 3 years beginning with the date of completion of the work for which temporary possession of this land was taken unless Network Rail 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 Declaration) Act 1981.
(4) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but Network Rail is not required to—
(a)replace a building removed under this article;
(b)restore the land on which any works have been constructed under paragraph (1)(d) in so far as the element of works shown in column (4) of Part 1 of Schedule 9 is concerned; or
(c)remove any ground strengthening works which have been placed in that land to facilitate construction of the authorised development.
(5) Network Rail 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 this article.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
(7) Nothing in this article affects 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 (5).
(8) Network Rail may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that Network Rail is not precluded from—
(a)acquiring new rights or imposing restrictive covenants over any part of that land under article 22 (compulsory acquisition of rights); or
(b)acquiring any part of the subsoil of or airspace over (or rights in the subsoil of or airspace over) that land under article 25 (acquisition of subsoil or airspace only).
(9) Where Network Rail takes possession of land under this article, Network Rail is not required to acquire the land or any interest in it.
(10) Section 13 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 compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).