Art. 21 in force at 8.8.2017, see art. 1

http://www.legislation.gov.uk/uksi/2017/766/article/21The Wrexham Gas Fired Generating Station Order 2017enINFRASTRUCTURE PLANNINGStatute Law Database2025-08-27Expert Participation2018-02-16This Order authorises Wrexham Power Limited (referred to in this Order as the undertaker) to construct, operate and maintain a gas fired electricity generating station of up to 299 MWe. The Order would permit the undertaker to acquire, compulsorily or by agreement, rights in land and to use land for this purpose.PART 5POWERS OF ACQUISITION
Statutory authority to override easements and other rights21.(1)

The carrying out or use of the authorised development or any other development necessary for the authorised development that takes place within the Order land and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(1) of the 2008 Act (nuisance: statutory authority), 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 use of land arising by virtue of contract.

(2)

The undertaker must pay compensation to any person whose land is injuriously affected by—

(a)

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

(b)

a breach of a restriction as to use of land arising by virtue of contract,

caused by the carrying out or use of the authorised development and the operation of section 158 of the 2008 Act.

(3)

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.

(4)

Subsection (2) of section 10 of the 1965 Act applies to paragraph (2) by virtue of section 152(5) of the 2008 Act (compensation in case where no right to claim in nuisance).

(5)

Any rule or principle applied to the construction of section 10 of the 1965 Act applies to the construction of paragraph (2) (with any necessary modifications).