PART 7MISCELLANEOUS AND GENERAL

Power to override easements and other rights

article 66 + 66.—(1) Any authorised activity which takes place on land 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) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

article 66 1 a + (a)an interference with an interest or right to which this article applies; or

article 66 1 b + (b)a breach of a restriction as to the use of land arising by contract.

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

(3) Subject to article 67 (no double recovery), where any interest, right or restriction to which this article applies is interfered with or breached under paragraph (1), unless otherwise agreed, compensation—

article 66 3 a + (a)is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection)(1) of the 1965 Act; and

article 66 3 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 66 3 b i + (i)the compensation is to be estimated in connection with a purchase under that Act; or

article 66 3 b ii + (ii)the injury arises from the execution of works on or use of land acquired under that Act.

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

article 66 4 a + (a)is liable to pay compensation by virtue of paragraph (3); and

article 66 4 b + (b)fails to discharge that liability,

the liability is enforceable against the undertaker.

(5) 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).

term authorised activity + (6) In this article “authorised activity” means—

article 66 6 a + (a)the erection, construction or maintenance of any part of the authorised development;

article 66 6 b + (b)the exercise of any power authorised by this Order; or

article 66 6 c + (c)the use of any land (including the temporary use of land).