23.—(1) The undertaker may acquire compulsorily such rights in the subsoil of, or the airspace over, the land referred to in article 18 (compulsory acquisition of rights) as may be required for any purpose for which rights or restrictions over that land may be created and acquired or imposed under that provision instead of acquiring any greater interest in that land.
(2) Where the undertaker acquires any rights in the subsoil of, or the airspace over, land under paragraph (1), the undertaker is to not be required to acquire an interest in any other part of the land.
(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil and airspace only—
(a)Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;
(b)Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and
(c)Section 153(4A) M1 (reference of objection to the Upper Tribunal: general - blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.
(4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch, or other construction forming part of a house, building or manufactory or airspace above a house building or manufactory.
Commencement Information
I1Art. 23 in force at 14.4.2020, see art. 1
Marginal Citations
M1Section 153(4A) was inserted by the Housing and Planning Act 2016, section 200(1) and (2).