The North Falls Offshore Wind Farm Order 2026
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Change 1
26 Statutory authority to override easements and other rights
(1) The carrying out or use of the authorised development and the doing of anything else authorised by the Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, 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 the use of land arising by virtue of contract, authorised by virtue of this Order and the operation of section 158 (nuisance: statutory authority) 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 and any restrictions as to the use of land arising by virtue of a contract. (4) Subsection (2) of section 10 (further provisions as to compensation for injurious affection) 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 must be applied to construction of paragraph (2) (with any necessary modifications).
26 Statutory authority to override easements and other rights
(1) The carrying out or use of the authorised development and the doing of anything else authorised by the Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, 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 the use of land arising by virtue of contract, authorised by virtue of this Order and the operation of section 158 (nuisance: statutory authority) 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 and any restrictions as to the use of land arising by virtue of a contract. (4) Subsection (2) of section 10 (further provisions as to compensation for injurious affection) 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 must be applied to construction of paragraph (2) (with any necessary modifications).
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