PART 5POWERS OF ACQUISITION AND POSSESSION

Time limit for exercise of authority to acquire land compulsorilyI121

1

After the start date—

a

no notice to treat is to be served under Part 1 of the 1965 Act; and

b

no declaration is to be executed under section 449 (execution of declaration) of the 1981 Act as applied by article 26 (application of the 1981 Act).

2

The authority conferred by article 29 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

3

For the purposes of this article “the start date” means F1the end of the period of one calendar year beginning on the day after the later of:

a

the period for legal challenge in section 11850 (legal challenges relating to applications for orders granting development consent) of the 2008 Act expires; or

b

the final determination of any legal challenge under section 118 of the 2008 Act.