PART 5ACQUISITION AND POSSESSION OF LAND

Power to override easements and other rights

article 32 + 32.—(1) Any authorised activity which takes place within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, notwithstanding that it involves—

article 32 1 a + (a)an interference with an interest or right to which this article applies; or

article 32 1 b + (b)a breach of a restriction as to the use of land arising by virtue of contract.

term authorised activity + (2) In this article “authorised activity” means—

article 32 2 a + (a)the erection, construction or maintenance of any part of the authorised development;

article 32 2 b + (b)the exercise of any power authorised by this Order; or

article 32 2 c + (c)the use of any land (including the temporary use of land).

(3) The interests and rights to which this article applies include any easement, liberty, privilege, right, including any right of navigation, or advantage annexed to land and adversely affecting other land, including any natural right to support and any restrictions as to the use of land arising by virtue of a contract.

(4) Subject to article 39 (no double recovery), where any interest, right or restriction to which this article applies is overridden by paragraph (1), unless otherwise agreed, compensation—

article 32 4 a + (a)is payable under section 7 (measure of compensation in case of severance) or 10(1) (further provision as to compensation for injurious affection) of the 1965 Act; and

article 32 4 b + (b)is to be assessed in the same way and subject to the same rules as in the case of other compensation under those sections where—

article 32 4 b i + (i)the compensation is to be estimated in connection with a purchase under that Act; or

article 32 4 b ii + (ii)the injury arises from the execution of works on or use of land acquired under that Act.

(5) Where a person deriving title under the undertaker by whom the land in question was acquired—

article 32 5 a + (a)is liable to pay compensation by virtue of paragraph (4); and

article 32 5 b + (b)fails to discharge that liability,

the liability is enforceable against the undertaker.

(6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1).

(7) Subsection (2) of section 10 of the 1965 Act applies to paragraph (4) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(8) Any rule or principle applied to the construction of section 10 of the 1965 Act applies to the construction of paragraph (4) with any necessary modifications.