PART 3 ACQUISITION AND POSSESSION OF LAND

Temporary possession of land

27 Temporary use of land for construction of works
1 The promoter may, in connection with the carrying out of the authorised works—
(a) enter upon and take temporary possession of—
(i) the land specified in columns (1) and (2) of Schedule 10 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule; and
(ii) any other land within the Order limits in respect of which no notice of entry has been served under section 11 of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981;
(b) remove any buildings and vegetation from that land;
(c) construct temporary works (including the provision of means of access) and buildings on that land;
(d) construct any permanent works on that land: and
(e) construct the permanent mitigation works specified in relation to land in column (3) of Schedule 10.
2 Not less than 14 days before entering upon and taking temporary possession of land under this article the promoter must serve notice of the intended entry on the owners and occupiers of the land.
3 Without limitation on the scope of paragraph (1)(a)(i) the power exercisable under paragraph (1)(a)(i) in respect of the lands shown within the limits of land to be temporarily used for the oversailing of equipment is to be limited to the temporary occupation and use of the designated air-space for the purposes of the operation of a crane through the designated air-space in connection with the construction of the authorised works.
4 The promoter may not, without the agreement of the owners of the land, remain in possession of any land under this article —
(a) in the case of land specified in columns (1) and (2) of Schedule 10, after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (4) of Schedule 10; or
(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the promoter 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 Compulsory Purchase (Vesting Declarations) Act 1981 in relation to that land.
5 Before giving up possession of land of which temporary possession has been taken under this article, the promoter must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the promoter is not to be required to replace a building removed under this article.
6 The promoter 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 powers conferred by this article.
7 Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
8 Without affecting article 50 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).
9 The powers of compulsory acquisition of land conferred by this Order do not apply in relation to the land referred to in paragraph (1)(a)(i).
10 Where the promoter takes possession of land under this article, the promoter is not required to acquire the land or any interest in it.
11 Section 13 of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 22(1) (application of Part 1 of the 1965 Act).
12 In this article “designated air-space” means so much of the air-space as is comprised in the air-space directly above the highest point of the building currently located on the land specified in paragraph (3) but, subject to paragraph (13), must not be below a level 54 metres above the level of the highway of Little Neville Street at the date of the coming into effect of this Order.
13 In the assembly and disassembly by the promoter of a crane within the air-space above the lands numbered 158 on the deposited plans, the designated air-space must not be below a level 15 metres above the level of the highway of Little Neville Street.
14 Paragraph (13) only applies to the assembly and disassembly of the crane and once operational it may only operate within the designated air-space as provided for in paragraph (12).
Art. 27 in force at 22.8.2013, see art. 1

28 Temporary use of land for maintenance of works
1 Subject to paragraph (2), at any time during the maintenance period relating to any of the scheduled works, the promoter may—
(a) enter upon and take temporary possession of any land within the limits of deviation if such possession is reasonably required for the purpose of maintaining the work or any ancillary works connected with it or securing the safe operation of any such work; and
(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2 Paragraph (1) does not authorise the promoter to take temporary possession of—
(a) any house or garden belonging to a house; or
(b) any building (other than a house) if it is for the time being occupied.
3 Not less than 28 days before entering upon and taking temporary possession of land under this article the promoter must serve notice of the intended entry on the owners and occupiers of the land.
4 The promoter may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of works for which possession of the land was taken.
5 Before giving up possession of land of which temporary possession has been taken under this article, the promoter must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6 The promoter 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 powers conferred by this article.
7 Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
8 Without affecting article 50 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).
9 Where the promoter takes possession of land under this article, the promoter is not required to acquire the land or any interest in it.
10 Section 13 of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 22(1) (application of Part 1 of the 1965 Act).
11 In this article “the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use.
Art. 28 in force at 22.8.2013, see art. 1