http://www.legislation.gov.uk/uksi/2014/1821/article/9The Felixstowe Branch Line (Land Acquisition) Order 2014enTRANSPORT AND WORKS, ENGLANDTRANSPORT, ENGLANDStatute Law Database2025-11-25Expert Participation2017-09-21
This Order confers powers on The Felixstowe Dock and Railway Company for the compulsory acquisition of land and interests in land in the Borough of Ipswich and Suffolk Coastal District, Suffolk. The powers are conferred for the purposes of constructing and operating an additional railway line adjacent to part of the existing Felixstowe branch railway line and improvements to certain level crossings on the existing Felixstowe branch railway line. Such works were authorised by the Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512) (“the 2008 Order”). The compulsory acquisition powers conferred by the 2008 Order expired on 14th October 2013.
PART 2ACQUISITION AND POSSESSION OF LANDTemporary possession of landTemporary use of land for maintenance of works
9
1
Subject to paragraph (2), at any time during the maintenance period relating to any of the authorised works, the undertaker may—
a
enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the work or any ancillary works connected with it; 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 undertaker 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 undertaker must serve notice of the intended entry on the owners and occupiers of the land.
4
The undertaker 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 undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The undertaker 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 51 (no double recovery) of the 2008 Order as applied by article 15 (application of provisions of the 2008 Order), 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 undertaker takes possession of land under this article, the undertaker 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 4(1) (application of Part 1 of the 1965 Act).
11
In this article “the maintenance period”, in relation to an authorised work, means the period of 5 years beginning with the date on which the work is opened for use.
Art. 9 in force at 29.7.2014, see art. 1