The North London Heat and Power Generating Station Order 2017

Power to override easements and other rights

21.—(1) The construction, operation or maintenance of the authorised development and the doing of anything else authorised by this Order is authorised, notwithstanding that it involves—

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

(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 are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and right to light.

(3) Where any interest, right or restriction to which this article applies is interfered with or breached, the interest, right or restriction is extinguished, temporarily suspended or discharged at the time the interference or breach commences in respect of the authorised activity in question, to the extent required for or ancillary or incidental to the carrying out of the authorised activity.

(4) Where any interest, right or restriction to which this article applies is interfered with or breached under paragraph (1), compensation—

(a) is payable under section 7 or 10 of the 1965 Act; and

(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—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(5) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable by any person on any grounds other than such an extinguishment, temporary suspension or discharge as is mentioned in paragraph (3).