PART 5POWERS OF ACQUISITION AND POSSESSION OF LAND

Temporary use of land for carrying out the authorised development30.

(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 column (1) of Schedule 7 (land of which only temporary possession may be taken) in connection with the part of the authorised development specified in column (2) of that Schedule; and

(ii)

any other Order land, except for Ministry of Justice land, in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b)

remove any structure, apparatus, buildings and vegetation from the land referred to in sub-paragraph (a);

(c)

construct temporary works (including the provision of means of access), security fencing, storage areas, structures and buildings, on the land referred to in sub-paragraph (a); and

(d)

construct any works on the land referred to in sub-paragraph (a) as are mentioned in Schedule 1 (authorised development).

(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 on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph 1(a)(ii).

(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 any land specified in 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 (2) of Schedule 7, or

(b)

in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the works or other purpose 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)

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 required to—

(a)

replace a building removed under this article;

(b)

restore the land on which any permanent works have been constructed under paragraph (1)(d);

(c)

restore the land to a condition better than the land was in before temporary possession;

(d)

remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(e)

remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development; or

(f)

remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works.

(5)

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 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 (determination of questions of disputed compensation) of the 1961 Act.

(7)

Any dispute as to the satisfactory removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

(8)

Subject to article 47 (no double recovery), nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act 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).

(9)

The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i).

(10)

Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(11)

Section 13 (refusal to give possession to acquiring authority)52 of the 1965 Act 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).

(12)

Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1).