PART 3POWERS OF ACQUISITION AND POSSESSION OF LAND

Supplementary

Special category land34

1

On the exercise by the undertaker of the relevant Order powers, the special category land is not to vest in the undertaker until the undertaker has acquired the replacement land and the Secretary of State (in consultation with the relevant planning authority) has approved a scheme for the provision of the replacement land and the relevant planning authority has certified that the scheme has been implemented to its satisfaction.

2

On the requirements of paragraph (1) being satisfied—

a

the special category land is to vest in the undertaker and be discharged from all rights, trusts and incidents to which it was previously subject; and

b

the replacement land is to vest, subject to the same rights, trusts and incidents as attached to the special category land, as follows—

i

in relation to the scheme 0102 special category, in any person in whom the special category land was vested immediately before it was vested in the undertaker; and

ii

in relation to the scheme 06 special category land and the scheme 07 special category land, in the relevant planning authority.

3

In this article—

  • “the relevant Order powers” means the powers exercisable over the special category land by the undertaker under article 19 (compulsory acquisition of land) or article 22 (compulsory acquisition of rights and restrictive covenants);

  • “the special category land” means—

    1. i

      the land within the Order limits for scheme 0102 identified as comprising open space and being numbered 0102-01-32, 0102-01-47, 0102-02-01, 0102-02-08 and 0102-02-22 in the book of reference for scheme 0102 and shown on the special category land plans for scheme 0102 (“the scheme 0102 special category land”);

    2. ii

      the land within the Order limits for scheme 06 identified as comprising common land and being numbered 06-01-04, 06-01-05, 06-01-10, 06-01-44, 06-01-45 and 06-01-46 in the book of reference for scheme 06 and shown on the special category land plans for scheme 06 (“the scheme 06 special category land”); and

    3. iii

      the land within the Order limits for scheme 07 identified as comprising common land and being numbered 07-01-48, 07-01-51, 07-01-53, 07-01-61, 07-01-63, 07-01-64, 07-01-75, 07-01-76, 07-01-86, 07-01-87, 07-01-89 and 07-01-94 in the book of reference for scheme 07 and on the special category land plans for scheme 07 (“the scheme 07 special category land”); and

  • “the replacement land” means—

    1. i

      for the scheme 0102 special category land, the land identified as replacement land and numbered 0102-02-20 in the book of reference for scheme 0102 and shown on the special category land plans for scheme 0102;

    2. ii

      for the scheme 06 special category land (common land), the land identified as replacement land and numbered 06-01-39 in the book of reference for scheme 06 and shown on the special category land plans for scheme 06; and

    3. iii

      for the scheme 07 special category land, the land identified as replacement land and numbered 07-01-25 in the book of reference for scheme 07 and shown on the special category land plans for scheme 07.