PART 5POWERS OF ACQUISITION AND POSSESSION OF LAND

Acquisition of subsoil or airspace only

article 33 + 33.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or of the airspace over the land referred to in paragraph (1) of article 25 (compulsory acquisition of land) 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) In the case of the Order land specified in columns (1) and (2) of Schedule 10 (land in which only subsoil or new rights in and above subsoil and surface may be acquired) the undertaker’s powers of compulsory acquisition are limited to—

article 33 2 a + (a)the acquisition of such subsoil; and

article 33 2 b + (b)subject to paragraph (8), the acquisition of such easements or other new rights and the imposition of restrictive covenants in the remaining subsoil and over the surface of the land including rights and restrictive covenants for the benefit of a statutory undertaker,

as the undertaker may require for or in connection with the purposes specified in relation to that land in column (3) of that Schedule.

(3) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land referred to in paragraphs (1) or (2), the undertaker is not required to acquire an interest in any other part of the land.

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

article 33 4 a + (a)Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as modified by article 30 (modification of Part 1 of the 1965 Act));

article 33 4 b + (b)Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

article 33 4 c + (c)section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test)(1) of the 1990 Act.

(5) Paragraphs (3) and (4) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

(6) References in paragraph (2)(a) to subsoil are references to the subsoil lying at and below the depths specified in column (2) of Schedule 10 beneath the level of the surface of the land, and references to the remaining subsoil in paragraph (2)(b) are references to the part of the subsoil lying above the shallowest part of the subsoil acquired under paragraph (2)(a) but below the level of the surface of the land.

term the level of the surface of the land + (7) For the purposes of paragraph (6) and Schedule 10, “the level of the surface of the land” means—

article 33 7 a + (a)in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;

article 33 7 b + (b)in the case of a river (except in the case of the river Thames as provided in sub-paragraph (c)), dock, canal, navigation, watercourse or other water area, the level of the surface of the ground covered by water;

article 33 7 c + (c)in the case of the river Thames comprised in plots 15-10, 15-11, 15-12, 16-42 and 16-43, the level of Ordnance Datum Newlyn; or

article 33 7 d + (d)in any other case, ground surface level,

at the time of this Order coming into force.

(8) The undertaker may not acquire easements or other new rights or impose restrictive covenants under paragraph (2)(b) on, over or under the riverbed of the river Thames for the protection of the tunnels.