undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, shall 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 undertaker shall 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.
Rights under or over streets 22.—(1) The undertaker may enter on and appropriate so much of the subsoil of any street
within the Order limits as may be required for the purposes of the authorised project and may use the subsoil for those purposes or any other purpose ancillary to the authorised project.
(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1)
in relation to a street without being required to acquire any part of the street or any easement or right in the street.
(3) Paragraph (2) does not apply in relation to— (a) any subway or underground building; or
(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.
(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under
paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) Compensation shall not be payable under paragraph (4) to any person who is an undertaker
to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.
Temporary use of land for carrying out the authorised project
23.—(1) The undertaker may, in connection with the carrying out of the authorised project— (a) enter on and take temporary possession of—
(i) the land specified in columns (1) and (2) of Schedule 8 (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 part of the authorised project specified in column (4) of that Schedule; and
(ii) any other Order land 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 1981 Act;
(b) remove any buildings and vegetation from that land;
(c) construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;
(d) use the land for the purposes of a working site with access to the working site in connection with the authorised project; and
(e) construct any works, or use the land, as specified in relation to that land in column 3 of Schedule 8 (land of which temporary possession may be taken), or any mitigation works.
(2) Not less than 14 days before entering on and taking temporary possession of land under this
article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
(3) The undertaker shall not remain in possession of any land under this article for longer than reasonably necessary and in any event shall not, without the agreement of the owners of the land,
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