The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

Power to acquire ground anchor rights

30.—(1) In the case of the land specified in columns (1) and (2) of Schedule 13 (power to acquire ground anchor rights) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of ground anchor rights in the subsoil or under surface of the land and the imposition of restrictive or other covenants affecting land under paragraph (5).

(2) Where Network Rail acquires ground anchor rights in the subsoil or under surface of land to which this article applies or imposes a restrictive or other covenant under paragraph (5) affecting land it is not required to acquire a greater interest in the land or any other interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to ground anchor rights or under paragraph (5) in relation to the imposition of restrictive or other covenants—

(a) Schedule 2A(1) (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b) Schedule A1(2) (counter-notice requiring purchase of land not in general vesting declaration) to the Compulsory Purchase (Vesting Declarations) Act 1981; and

(c) section 153(4A)(3) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(4) In this article “ground anchor rights” means—

(a) rights to insert ground anchors or soil nails into the subsoil, or to carry out other subsoil works, for the purpose of strengthening and stabilising Work No. 5 and Work No. 14 as described in Schedule 1 (scheduled works); and

(b) rights to maintain the ground anchors, soil nails or other subsoil works referred to in sub-paragraph (a).

(5) In addition to acquiring ground anchor rights over the land referred to in columns (1) and (2) of Schedule 13, Network Rail may impose such restrictive or other covenants affecting the land as may be required for the purposes of maintaining or protecting the ground anchors, soil nails or other subsoil works referred to in paragraph (4)(a).

(6) Paragraphs (2) and (3) are to be disregarded where Network Rail acquires ground anchor rights affecting a cellar, vault, arch or other construction forming part of a house, building or manufactory.

(1)

Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016 (c. 22).

(2)

Schedule 1A was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

(3)

Section 153(4A) was inserted by section 200(2) of the Housing and Planning Act 2016.