PART 5ACQUISITION AND POSSESSION OF LAND

Acquisition of land limited to subsoil lying more than 7 metres beneath surface

30.—(1) This article applies to the land specified in columns (1) and (2) of Schedule 11 (land of which only subsoil more than 7 metres beneath the surface may be acquired together with new rights and/or restrictive covenants).

(2) In the case of land to which this article applies, the undertaker may only acquire compulsorily under article 26 (compulsory acquisition of land) so much of, or rights in, or impose restrictive covenants over, the subsoil of the land as may be required for the purposes of the authorised development except that the undertaker is not to be precluded from—

(a)carrying out protective works on that land under article 20 (protective works to buildings and structures);

(b)carrying out a survey of that land under article 21 (authority to survey and investigate the land); or

(c)entering on and taking temporary possession of land under article 35 (temporary use of land for carrying out the authorised development) or article 36 (temporary use of land for maintaining the authorised development).

(3) In addition to acquiring so much of, or such rights in, the subsoil of the land, the undertaker may acquire over any other part of the land specified in columns (1) and (2) of Schedule 11 such new rights and may impose such restrictive covenants as may be required for the purpose specified in relation to that land in column (3) of Schedule 11.

(4) Where the undertaker acquires any part of, or rights in, the subsoil of the land under paragraph (2) or acquires rights or imposes restrictive covenants under paragraph (3), the undertaker is not required to acquire a greater interest in the land or an interest in any other part of it.

(5) References in this article to the “subsoil of the land” are references to the subsoil lying more than 7 metres beneath the level of the surface of the land; and for this purpose “level of the surface of the land” means—

(a)in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;

(b)in the case of a watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or

(c)in any other case, ground surface level.

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

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

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

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