PART 4COMPULSORY ACQUISITION

Acquisition of subsoil or airspace only

article 30 + 30.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil or airspace of the land referred to in paragraph 21(1) of article 24 (compulsory acquisition of land) or article 26 (compulsory acquisition of rights) 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 undertaker acquires any part of, or rights in, the subsoil or airspace of land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

article 30 3 a + (a)Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

article 30 3 b + (b)Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

article 30 3 c + (c)Section 153(4A) (reference to objection to Upper Tribunal: general) of the 1990 Act.

(4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory or airspace above a house, building or factory.