The M25 Junction 28 Development Consent Order 2022

Special category land E+W

40.—(1) On the exercise by the undertaker of the relevant Order powers, so much of the special category land as is required for the purposes of the exercise by the undertaker of the Order rights is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise by the undertaker of the Order rights.

(2) So far as the temporary use of land under article 34 (temporary use of land for carrying out the authorised development) is concerned, then the discharge in paragraph (1) is only for such time as the land is being used under that article.

(3) In this article—

“Order rights” means the rights and powers exercisable over the special category land by the undertaker under article 28 (compulsory acquisition of rights and imposition of restrictive covenants) and article 34;

“the special category land” means the land identified as forming part of a common, open space, or fuel or field allotment and numbered 1/8 and 1/8a in the book of reference and on the plan entitled “special category land plans”; and

“special category land plans” means the documents of that description certified by the Secretary of State as the special category land plans for the purposes of this Order.

Commencement Information

I1 Art. 40 in force at 6.6.2022, see art. 1