Authority to survey and investigate landE+W+S
22.—(1) Subject to paragraphs (2) to (4), the undertaker may for the purposes of this Order authorise any person to enter on any land within the Order limits or which may be affected by the authorised development and—
(a)survey or investigate the land;
(b)without limitation on the scope of sub-paragraph (a)—
(i)make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil;
(ii)remove samples of soil or of water within or covering the land;
(iii)carry out ecological, environmental or archaeological investigations on the land, including the monitoring of any matter; and
(c)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.
(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land.
(3) Any person entering land under this article—
(a)must, if so required, before or after entering the land, produce written evidence of their 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 highway for which the undertaker is not the highway authority, 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 undertaker 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 (determination of questions of disputed compensation) of the 1961 Act.
(6) Provided that the requirements of paragraph (2) are met, section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto 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 (application of compulsory acquisition provisions) of the 2008 Act.
Commencement Information
I1Art. 22 in force at 15.10.2020, see art. 1