The York Potash Harbour Facilities Order 2016

Article 24

SCHEDULE 3 ACQUISITION PROVISIONS

PART 1 RIGHTS AND RESTRICTIONS REQUIRED FOR THE CONVEYOR ROUTE – COMPULSORY ACQUISITION (NORTHERN)

(1) Number of land shown on land plans	(2) Class or classes of rights sought as described in the book of reference	(3) Purpose for which rights may be acquired or restrictions imposed
7	1 and 9	Dredging and to obtain access for such purposes.
8	1, 2, 3, 4, 5, 6, 7a, 9 and 10	(a) Dredging; (b) construction, operation, use and maintenance of the quay; (c) extension and/or modification the pipe between the lagoon and the Tees estuary and provision of an additional pipe for flow control; (d) installation, maintenance and use of ship loaders, surge bins, transfer towers; (f) construction, operation, use and maintenance of the conveyor system along the conveyor route (northern); (g) installation and maintenance of support foundations for the conveyor along the conveyor route (northern); (h) carrying out and maintenance of the lagoon habitat enhancement works; (i) installation, operation, use and maintenance of services, signage, lighting, acoustic fencing, security fencing and gating, CCTV; (j) creation and use of temporary compounds (Works Nos. 6A and 7); and (k) construction, use and maintenance of a permanent compound (Works No. 6B), and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
8b (as shown on Document 2.1B(i) (Northern Route))	4, 5, 6, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern); (b) installation and maintenance of support foundations for the conveyor along the conveyor route (northern); (c) installation, use and maintenance of services, signage, lighting and CCTV; and (d) creation and use of temporary compound (Work No. 8), and to obtain access for such purposes to impose requirements for the protection of the conveyor structure and footings.
8a and 9	4, 5, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system, installation along the conveyor route (northern); (b) maintenance of support foundations for the conveyor along the conveyor route (northern); and installation, use and maintenance of services, signage, lighting, acoustic fencing, CCTV, and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
8c (as shown on Document 2.1B(i) (Northern Route))	4, 5, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern); (b) installation and maintenance of support foundations for the conveyor and a transfer tower along the conveyor route (northern); and (c) installation, use and maintenance of services, signage, lighting, CCTV, and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
11	1, 2, 3, 4, 5, 6, 7b, 9 and 10	(a) Dredging; (b) construction, operation, use and maintenance of the quay; (c) demolition of the existing jetty; (d) installation, maintenance and use of ship loaders, surge bins, transfer towers; (e) construction, operation, use and maintenance of the conveyor system along such part of the conveyor route (northern); (f) installation and maintenance of support foundations for the conveyor along such part of the conveyor route (northern); (g) installation of a below ground waste storage tank; (h) carrying out and maintenance of part of the lagoon habitat enhancement works; (i) installation, use and maintenance of services, signage, lighting, acoustic fencing, security fencing and gating, CCTV; (j) creation and use of temporary compounds (Works No. 7); and (k) construction, use and maintenance of a permanent compound (Works No. 9), and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
12 and 13	1, 4, 5 and 9	(a) Dredging; (b) demolition of the existing jetty; and (c) installation, use and maintenance of services, lighting, acoustic fencing, security fencing and gating, CCTV, and to obtain access for such purposes.
15 and 16	5 and 9	Installation, use and maintenance of services, signage, lighting, acoustic fencing, security fencing and gating, CCTV and to obtain access for such purposes.
17, 18, 19, 20, 21a and 22	4, 5 and 9	Installation, use and maintenance of services, lighting, acoustic fencing, security fencing and gating, CCTV and to obtain access for such purposes.
23, 24, 37a, 38, 39, 40, 41, 42, 43, 44, 49, 57, 58, 59, 60 and 62	4, 5, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern); (b) installation and maintenance of support foundations for the conveyor along the conveyor route (northern); and (c) installation, use and maintenance of services, lighting, security fencing and gating, CCTV, and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 54	4, 5 and 9	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern); (b) installation and maintenance of support foundations for the conveyor along the conveyor route (northern); and (c) installation, use and maintenance of services, CCTV, and to obtain access for such purposes.
47, 48, 55 56 and 61	5 and 9	(a) Installation and maintenance of support foundations for the conveyor along the conveyor route (northern); and (b) installation, use and maintenance of services, CCTV, and to obtain access for such purposes.
50	4, 5, 6, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern); (b) installation and maintenance of support foundations for the conveyor along the conveyor route (northern); (c) installation, use and maintenance of services, lighting, security fencing and gating, CCTV; and (d) creation and use of a temporary compound (Works No. 10), and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
51	4, 5, 8, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along such part of the conveyor route (northern); (b) installation and maintenance of support foundations for the conveyor along such part of the conveyor route (northern); (c) installation, use and maintenance of services, lighting, security fencing and gating, CCTV (Works No. 12); (d) laying out of the highway works; (e) installation of new signs and markings; (f) removing an existing earth bund; and (g) clearing vegetation, and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
52, 53, 54a	8	(a) Laying out of the highway works (Works No. 12) to include a pedestrian traffic island; (b) resurfacing the existing carriageway; (c) installation of new signs and markings; (d) removing an existing earth bund; and (e) clearing vegetation, including temporary access for such purposes.
59a	6	Creation and use of a temporary compound (Works No. 11) including temporary access for such purposes.

PART 2 RIGHTS AND RESTRICTIONS REQUIRED FOR THE CONVEYOR ROUTE – CROWN LAND (NORTHERN)

(1) Number of land shown on land plans	(2) Class or classes of rights sought as described in the book of reference	(3) Purpose for which rights may be acquired or restrictions imposed
1	1, 2, 4 and 9	(a) Dredging; (b) demolition of the existing jetty; (c) construction, operation, use and maintenance of the quay; (d) installation, maintenance and use of ship loaders; and (e) construction, operation, use and maintenance of the conveyor system, and to obtain access for such purposes.
2, 3	1 and 9	(a) Dredging; and (b) demolition of the existing jetty, and to obtain access for such purposes.
6	1 and 9	Dredging and to obtain access for such purposes.
10	4, 5, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern); (b) installation and maintenance of support foundations for the conveyor and a transfer tower along the conveyor route (northern); and (c) installation, use and maintenance of services, signage, lighting, CCTV, and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.

PART 3 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND RESTRICTIVE COVENANTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(1) has effect subject to the modifications set out in sub-paragraph (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 4—

(a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

(3) For section 58(1)(2) (determination of material detriment where part of house etc., proposed for compulsory acquisition), as it applies to determinations under section 8 (other provisions as to divided land) of the 1965 Act, substitute—

“(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166 (2) of the Town and Country Planning Act 1990, whether—

(a) a right over or restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or

(b) a right over or restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house,

the Upper Tribunal must take into account not only the effect of the acquisition of the right or the imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquire or imposed, and, in a case where the right or restrictive covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.”

Application of the 1965 Act

3.—(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (accordingly to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired;

(b) the land over which the right is or is to be exercisable;

(c) the restrictive covenant imposed or to be imposed; or

(d) the land over which the restrictive covenant is or is to be enforceable.

(2) Without limitation on the scope of sub-paragraph (1), Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.

4.  For Section 7 of the 1965 Act (measure of compensation) substitute—

“7.   In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”

5.  For section 8 of the 1965 Act (provisions as to divided land) substitute—

“6.— (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and

(b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and—

(i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or

(ii) where that land consist of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs,

the York Potash Harbour Facilities Order 2016(3) (“the Order”), in relation to that person, ceases to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is to be deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, in accordance with section 31 of the 1961 Act withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7.  Section 11(4) (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12(5) (penalty for unauthorised entry) and 13(6) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8.  Section 20(7) (protection for interests of tenants at will etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9.  Section 22 (interests omitted from purchase) of the 1965 Act is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(1)

1973 c. 26.

(2)

Section 58(1) was amended by section 16(3) of, and Schedule 5 to, the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), section 4 of, and paragraph 29(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

(3)

S.I. 2016/772.

(4)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

(5)

Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

(6)

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(7)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. 2009/1307.