(b) in land held by or in right of the Crown without the consent of the Crown. (5) No trial holes shall be made under this article—
(a) in land located within the highway boundary without the consent of the highway authority; or
(b) in a private street without the consent of the street authority,
but such consent shall not be unreasonably withheld. (6) The undertaker shall compensate the owners and occupiers of the land for any loss or
damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
PART 5 Powers of acquisition
Compulsory acquisition of land 15.—(1) The undertaker may acquire compulsorily so much of the Order land as is required for
the authorised project or to facilitate, or is incidental, to it. (2) This article is subject to paragraph (2) of article 17 (compulsory acquisition of rights) and
article 23 (temporary use of land for carrying out the authorised project).
Time limit for exercise of authority to acquire land compulsorily 16.—(1) After the end of the period of 5 years beginning on the day on which this Order is
made— (a) no notice to treat shall be served under Part 1 of the 1965 Act; and
(b) no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 19 (application of the Compulsory Purchase (Vesting Declarations) Act 1981)(a).
(2) The authority conferred by article 23 (temporary use of land for carrying out the authorised
project) shall cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.
Compulsory acquisition of rights 17.—(1) The undertaker may acquire compulsorily such rights or impose restrictive covenants
over the Order land as may be required for any purpose for which that land may be acquired under article 15 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.
(2) Subject to the provisions of this article, article 18 (private rights) and article 25 (statutory
undertakers), in the case of the Order land specified in column (1) of Schedule 6 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such new rights and the imposition of restrictive covenants for the purpose specified in relation to that land in column (2) of that Schedule.
(3) Subject to section 8 of the 1965 Act, as substituted by paragraph 5 of Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights),
(a) 1981 c.66. Sections 2, 6 and 11 were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). There are other amendments to the 1981 Act which are not relevant to this Order.
15
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