Temporary use of land for construction of works
23.—(1) The Council 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 7 (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)subject to paragraph (11), 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 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 the land; and
(d)construct any permanent works specified in relation to that land in column (3) of Schedule 7, or any other permanent mitigation works.
(2) Not less than 14 days before entering upon and taking temporary possession of land under this article the Council must serve notice of the intended entry on the owners and occupiers of the land.
(3) The Council 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 7, 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 7; 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 this land was taken unless the Council 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 Declaration) Act 1981.
(4) Before giving up possession of land of which temporary possession has been taken under this article, the Council must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the Council is not required to replace a building removed under this article or restore the land on which any permanent works have been constructed under paragraph (1)(d).
(5) The Council 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.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
(7) Without affecting article 46 (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 (5).
(8) 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) except that the Council is not precluded from acquiring new rights over any part of that land under article 20 (new rights etc. only to be acquired in certain lands).
(9) Where the Council takes possession of land under this article, the Council 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 under this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 17(1) (application of Part 1 of the 1965 Act).
(11) Paragraph (1)(a)(ii) does not apply to any land within a highway or any land specified in Schedule 6 (land in which only new rights etc. may be acquired).