PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Power to acquire land
8
1
The promoter may acquire compulsorily so much of the land shown on the works and land plan within the limits of deviation as land to be acquired compulsorily and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes that are ancillary to the promoter’s statutory undertaking.
2
This article is subject to article 12 (acquisition of land limited to subsoil lying more than 9 metres beneath surface) and article 13 (temporary use of land for construction of works).

Application of Part 1 of the 1965 Act
9
1
Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—
a
as it applies to a compulsory purchase to which the 1981 Act applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part 1 of the 1965 Act, as applied by paragraph (1), has effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.

Application of the Compulsory Purchase (Vesting Declarations) Act 1981
10
1
The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order.
2
The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there is substituted—
1
Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is—
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
b
published in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”.
5
In that section, for subsections (5) and (6) there is substituted—
5
For the purposes of this section, a person has a relevant interest in land if—
a
that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
b
that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration)—
a
in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) is omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” are omitted.
8
References to the 1965 Act are construed as references to that Act as applied to the acquisition of land under article 8 (power to acquire land).

Power to acquire new rights
11
1
The promoter may acquire compulsorily such easements or other rights over any land referred to in paragraph (1) of article 8 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Schedule 3 (modification of compensation and compulsory purchase enactments for creation of new rights) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
3
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 3), where the promoter acquires a right over land under paragraph (1) the promoter is not required to acquire a greater interest in that land.

Acquisition of land limited to subsoil lying more than 9 metres beneath surface
12
1
This article applies to the land specified in Schedule 4 (land of which only subsoil more than 9 metres beneath surface may be acquired).
2
In the case of land to which this article applies, the promoter may only acquire compulsorily under article 8 (power to acquire land) so much of, or such rights in, the subsoil of the land as may be required for the purposes of the authorised works.
3
Where the promoter acquires any part of, or rights in, the subsoil of the land to which this article applies, the promoter is not required to acquire a greater interest in the land or an interest in any other part of it.
4
References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “level of the surface of the land” means—
a
in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;
b
in the case of a watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or
c
in any other case, ground surface level.

Temporary possession of land

Temporary use of land for construction of works
13
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 5 (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 work 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; and
d
construct any permanent works or any other permanent mitigation work.
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
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 5, 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 5; 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.
4
Before giving up possession of land of which temporary possession has been taken under this article, the promoter must (except as provided in sub-paragraph (1)(d)) remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the promoter is not required to replace a building removed under this article.
5
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.
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 30 (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).
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 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).

Compensation

Disregard of certain interests and improvements
14
1
In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account—
a
any interest in land; or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

Set-off for enhancement in value of retained land
15
1
In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised works.
2
In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 11 (power to acquire new rights), the tribunal must set off against the value of the rights so acquired—
a
any increase in the value of the land over which the new rights are required; and
b
any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,
which will accrue to that person by reason of the construction of the authorised works.
3
The 1961 Act has effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

Supplementary

Acquisition of part of certain properties
16
1
This article applies instead of section 8(1) of the 1965 Act (as applied by article 9 (application of Part 1 of the 1965 Act)) in any case where—
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the promoter a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner must sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner must sell only the land subject to the notice to treat is, unless the promoter agrees to take the land subject to the counter-notice, to be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken—
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner must sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken—
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat is deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that—
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the promoter is authorised to acquire compulsorily under this Order.
8
If the promoter agrees to take the land subject to the counter-notice, or if the tribunal determine that—
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the promoter is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the promoter may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the promoter must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

Time limit for exercise of powers of acquisition
17
1
After the end of the period of 5 years beginning with the day on which this Order comes into force—
a
no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 9 (application of Part 1 of the 1965 Act); and
b
no declaration is to be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 , as applied by article 10 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).
2
The powers conferred by article 13 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the promoter remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.
1981 c.66.
1981 c. 66.
Art. 8 in force at 11.3.2014, see art. 1
Art. 9 in force at 11.3.2014, see art. 1
Art. 10 in force at 11.3.2014, see art. 1
Art. 11 in force at 11.3.2014, see art. 1
Art. 12 in force at 11.3.2014, see art. 1
Art. 13 in force at 11.3.2014, see art. 1
Art. 14 in force at 11.3.2014, see art. 1
Art. 15 in force at 11.3.2014, see art. 1
Art. 16 in force at 11.3.2014, see art. 1
Art. 17 in force at 11.3.2014, see art. 1