The Dogger Bank South East and West Offshore Wind Farms Order 2026
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Change 1
26 Acquisition of subsoil or airspace only
(1) DBSEL may, with the consent of DBSWL (such consent not to be unreasonably withheld), acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 20 (compulsory acquisition of land) or article 22 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. (2) DBSWL may, with the consent of DBSEL (such consent not to be unreasonably withheld), acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (2) of article 20 (compulsory acquisition of land) or article 22 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. (3) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1) or (2), the undertaker is not required to acquire an interest in any other part of the land. (4) The following do not apply in connection with the exercise of the power under paragraph (1) or (2) in relation to subsoil or airspace only— (a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by article 28 (modification of Part 1 of the 1965 Act); (b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and (c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act. (5) Paragraphs (3) and (4) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.
26 Acquisition of subsoil or airspace only
(1) DBSEL may, with the consent of DBSWL (such consent not to be unreasonably withheld), acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 20 (compulsory acquisition of land) or article 22 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. (2) DBSWL may, with the consent of DBSEL (such consent not to be unreasonably withheld), acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (2) of article 20 (compulsory acquisition of land) or article 22 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. (3) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1) or (2), the undertaker is not required to acquire an interest in any other part of the land. (4) The following do not apply in connection with the exercise of the power under paragraph (1) or (2) in relation to subsoil or airspace only— (a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by article 28 (modification of Part 1 of the 1965 Act); (b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and (c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act. (5) Paragraphs (3) and (4) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.
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