PART 5ACQUISITION AND POSSESSION OF LAND

Acquisition of subsoil only

article 29 + 29.—(1) The undertaker may acquire compulsorily so much of, or rights in, or impose restrictive covenants over, the subsoil of the land referred to in paragraph (1) of article 26 (compulsory acquisition of land) or article 28 (compulsory acquisition of rights and imposition of restrictive covenants) 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, or imposes restrictive covenants over, the subsoil 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 only—

article 29 3 a + (a)Schedule 2A(1) (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

article 29 3 b + (b)Schedule A1(2) (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

article 29 3 c + (c)Section 153(4A)(3) (reference of 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 manufactory.