21.—(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—
(a)survey or investigate the land (including any watercourses, ground water, static water bodies or vegetation on the land);
(b)without limitation on the scope of sub-paragraph (a), make any excavations, trial holes or boreholes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil and groundwater and remove soil and water samples and discharge water samples on to the land;
(c)without limitation to the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and
(d)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 or boreholes.
(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 on behalf of the undertaker—
(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 or boreholes.
(4) No trial holes or boreholes are to be made under this article—
(a)in land located within a highway boundary for which the local highway authority is the highway authority without the consent of the local 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 authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.
(6) Subject to the undertaker complying with paragraph (7), if either a local highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—
(a)under paragraph (4)(a) in the case of the local highway authority; or
(b)under paragraph (4)(b) in the case of a street authority,
that authority is deemed to have granted consent.
(7) When making an application for consent under paragraph (4)(a) or 4(b) the undertaker must notify the local highway authority or the street authority of the effect of paragraph (6).
Commencement Information
I1Art. 21 in force at 7.12.2022, see art. 1