PART 4SUPPLEMENTAL POWERS

Authority to survey and investigate the land

article 21 + 21.—(1) The undertaker may for the purposes of this Order enter on any land within the Order limits or which may be affected by the authorised development or land on which surveys and investigations are required for the monitoring of the authorised development and—

article 21 1 a + (a)survey, monitor or investigate the land;

article 21 1 b + (b)without limitation to the scope of sub-paragraph (a), survey, monitor and or investigate the land and any buildings or structures on that land for the purpose of investigating the potential effects of the authorised development on that land or buildings or structures on that land or for enabling the construction, operation, use and maintenance of the authorised development;

article 21 1 c + (c)without limitation to the scope of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and or subsoil and or to remove soil samples;

article 21 1 d + (d)without limitation to the scope of sub-paragraph (a), carry out ecological and or archaeological investigations or monitoring on such land; and

article 21 1 e + (e)place on, leave on and remove from the land apparatus for use in connection with the survey, monitoring and or investigation of land, the making of trial holes, and or the carrying out of ecological and or archaeological investigations.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of the undertaker—

article 21 3 a + (a)must, if so required on entering the land, produce written evidence of their authority to do so; and

article 21 3 b + (b)may take with them such vehicles and equipment as are necessary to carry out the survey, investigation, monitoring, or to make the trial holes.

(4) No trial holes are to be made under this article—

article 21 4 a + (a)in land located within a highway boundary without the consent of the relevant highway authority;

article 21 4 b + (b)in land forming a railway without the consent of Network Rail;

article 21 4 c + (c)in land held by or in right of the Crown without the consent of the Crown; or

article 21 4 d + (d)in a private street without the consent of the relevant street authority,

but such consent must not be unreasonably withheld or delayed.

(5) If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent under paragraph (4) that authority is deemed to have granted consent.

(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) 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.