PART 4SUPPLEMENTAL POWERS

Protective works to buildings and structures

article 20 + 20.—(1) Subject to the provisions of this article, the undertaker may at its own expense carry out such protective works to any building or structure which may be affected by the authorised development which the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

article 20 2 a + (a)at any time before or during the carrying out in the vicinity of the building or structure of any part of the authorised development; or

article 20 2 b + (b)after the completion of that part of the authorised development in the vicinity of the building or structure at any time up to the end of the period of five years beginning with the day on which that part of the authorised development first becomes operational.

(3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may (subject to paragraph (5) and (6)) enter and survey—

article 20 3 a + (a)any building or structure to which the power applies and any land within its curtilage; and

article 20 3 b + (b)where reasonably necessary, any land which is adjacent to the building or structure.

(4) For the purpose of carrying out the protective works under this article to a building or structure the undertaker may (subject to paragraphs (5) and (6))—

article 20 4 a + (a)enter the building and any land within its curtilage; and

article 20 4 b + (b)where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building or structure but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

article 20 5 a + (a)a right under paragraph (1) to carry out protective works to a building or structure;

article 20 5 b + (b)a right under paragraph (3)(a) to enter a building and land within the Order limits;

article 20 5 c + (c)a right under paragraph 3(b) to enter land;

article 20 5 d + (d)a right under paragraph (4)(a) to enter a building and land within the Order limits; or

article 20 5 e + (e)a right under paragraph (4)(b) to enter land,

the undertaker must except in the case of emergency serve on the owners and occupiers of the building or structure or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a), (d) or (e), specifying the planned protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (d) or (e), the owner and or occupier of the building or land concerned may, by serving a counter-notice within the period of 14 days beginning with the day on which the notice was served, require the question as to whether the protective works proposed by the undertaker are necessary or expedient to be referred to arbitration under article 52 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building, structure or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152(3) (compensation in cases where no right to claim as nuisance) of the 2008 Act.

(9) Any compensation payable under paragraph (7) is to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(10) Section 13(1) (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125(2) (application of compulsory acquisition provisions) of the 2008 Act.

term protective works + (11) In this article “protective works” in relation to a building or structure means those works the purpose of which is to prevent damage which may be caused to the building or structure which may include monitoring, underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused by the carrying out, maintenance or use of the authorised development.