14.—(1) The Council may acquire compulsorily so much of the land shown on the land and works plans and described in the book of reference as may be required for the purposes of the development and may use any land so acquired for those purposes, or for any other purposes that are ancillary to Network Rail’s railway undertaking.
(2) This article is subject to article 17 (power to acquire new rights), article 19 (temporary use of land in connection with the development) and article 25 (time limit for exercise of powers of acquisition and temporary use of land) and does not apply to any land that is subject to article 20 (temporary use of land for access).
15.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—
(a)as it applies to a compulsory purchase to which the Acquisition of Land Act 1981(1) applies; and
(b)as if this Order were a compulsory purchase order under that Act.
(2) Part 1 of the 1965 Act, as applied by paragraph (1), has effect subject to the following modifications.
(3) Omit section 4 (which provides a time limit for compulsory purchase of land).
(4) In section 4A(1) (extension of time limit during challenge)(2) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 25 (time limit for exercise of powers of acquisition and temporary use of land) of the Northumberland Line Order 2022”.
(5) In section 11(1B) (powers of entry)(3) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month”.
(6) In section 11A (powers of entry: further notices of entry)(4)—
(a)in subsection (1)(a), after “land” insert “under that provision”; and
(b)in subsection (2), after “land” insert “under that provision”.
(7) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 25 (time limit for exercise of powers of acquisition and temporary use of land) of the Northumberland Line Order 2022”.
(8) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)(5)—
(a)for paragraphs 1(2) and 14(2) substitute—
“(2) But see article 18 (power to acquire subsoil or airspace only) of the Northumberland Line Order 2022, which excludes the acquisition of subsoil or airspace only from this Schedule.”; and
(b)after paragraph 29 insert—
30. In this Schedule, references to entering on and taking possession of land do not include doing so under article 19 (temporary use of land in connection with the development) of the Northumberland Line Order 2022 (temporary use of land in connection with the development).”.
16.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.
(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.
(3) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.
(4) Omit section 5A (time limit for general vesting declaration)(6).
(5) In section 5B (extension of time limit during challenge)(7) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 25 (time limit for exercise of powers of acquisition and temporary use of land) of the Northumberland Line Order 2022”.
(6) In section 6 (notices after execution of declaration)(8), in subsection (1)(b), for “section 5 of, or paragraph 6 of Schedule 1 to the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992”.
(7) In section 7 (constructive notice to treat)(9), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.
(8) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration)(10), for paragraph 1(2) substitute—
“(2) But see article 18 (power to acquire subsoil or airspace only) of the Northumberland Line Order 2022, which excludes the acquisition of subsoil or airspace only from this Schedule.”.
(9) References to the 1965 Act are construed as references to that Act as applied to the acquisition of land under article 14 (power to acquire land) by article 15 (application of Part 1 of the 1965 Act).
17.—(1) Subject to paragraph (2), the Council may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 14 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
(2) In the case of the land specified in columns (1) and (2) of Schedule 5 (land in which only new rights etc., may be acquired) the Council’s powers of compulsory acquisition under article 14 (power to acquire land) are limited to the acquisition of such new rights as may be required for the purposes specified in relation to that land in column (3) of that Schedule.
(3) Subject to Schedule 2A (counter-notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights)), where the Council acquires a right over land under paragraphs (1) or (2) the Council is not required to acquire a greater interest in that land.
(4) Schedule 6 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this Order of a right over land by the creation of a new right.
18.—(1) The Council may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in article 14(1) (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where the Council acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1), the Council is not required to acquire an interest in any other part of the land.
(3) Paragraph (2) does not prevent Schedule 2A to the 1965 Act (as modified by article 15 (application of Part 1 of the 1965 Act)) or Schedule A1 to the 1981 Act (as modified by article 16 (application of the 1981 Act)) from applying where the Council acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.
Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).
Subsection (1B) of section 11 was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.
Section 11A was inserted by 186(3) of the Housing and Planning Act 2016.
Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016.
Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.
Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.
Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22).
Section 7 was amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016.
Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.