PART 5POWERS OF ACQUISITION

Temporary use of land for carrying out the authorised project

article 31 + 31.—(1) The undertaker may, in connection with the carrying out of the authorised project (but subject to article 23 (time limit for the exercise of authority to acquire land compulsorily or to take land temporarily)—

article 31 1 a + (a)enter on and take temporary possession of—

article 31 1 a i + (i)the land specified in columns (1) and (2) of Schedule 9 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and

article 31 1 a ii + (ii)any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights or the imposition of covenants) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

article 31 1 b + (b)remove any buildings, agricultural plant and apparatus, drain, structure, apparatus, fences, debris and vegetation from that land;

article 31 1 c + (c)construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;

article 31 1 d + (d)use the land for the purposes of a working site or construction compound (including for the purposes of duct and cable preparation and stringing out) with and for the passage of persons of vehicles (with or without materials, plant and machinery) in connection with the use of the working site or construction compound in connection with the authorised project;

article 31 1 e + (e)construct any new road surface or other improvements to any street specified in Schedule 2 (streets subject to street works);

article 31 1 f + (f)construct any ground strengthening works to facilitate construction of the authorised development;

article 31 1 g + (g)construct any works on that land as are mentioned in Part 1 of Schedule 1 (authorised development) and Part 2 of Schedule 1 (ancillary works) on that land; and

article 31 1 h + (h)carry out mitigation works required pursuant to the requirements in Part 3 of Schedule 1 (requirements) or any other mitigation works on that land.

(2) The power conferred under sub-paragraph (1)(a)(ii) does not apply to the Order land shown numbered 34/29 and 34/30 on the land plans onshore.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker is not required to serve notice under sub-paragraph (2) in the case of emergency where the undertaker has identified a potential risk to the safety of any of—

article 31 4 a + (a)the authorised development or any of its parts;

article 31 4 b + (b)the public; or

article 31 4 c + (c)the surrounding environment,

and in such circumstances, the undertaker may enter the land under sub-paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances.

(5) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—

article 31 5 a + (a)in the case of land specified in sub-paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 9 (land of which temporary possession may be taken); or

article 31 5 b + (b)in the case of land specified in sub-paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken,

unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

article 31 6 a + (a)replace any buildings, agricultural plant and apparatus, drain, structure, apparatus, fences, debris and vegetation removed under this article;

article 31 6 b + (b)restore the land on which any permanent works have been constructed under sub-paragraph (1)(f) or (1)(g);

article 31 6 c + (c)remove statutory undertakers’ apparatus or connections to such apparatus or any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised project; or

article 31 6 d + (d)restore the land on which any works have been carried out under sub-paragraph (1)(h).

(7) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(8) Any dispute as to a person’s entitlement to compensation under sub-paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(9) Any dispute as to the satisfactory removal of temporary works and restoration of land under sub-paragraph (5) does not prevent the undertaker from giving up possession of the land.

(10) Subject to article 52 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under sub-paragraph (6).

(11) The undertaker may not compulsorily acquire under this Order the land referred to in sub-paragraph (1)(a)(i).

(12) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(13) Section 13(1) (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(14) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in sub-paragraph (1).