The Dogger Bank South East and West Offshore Wind Farms Order 2026
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Change 1
30 Temporary use of land for carrying out the authorised project
(1) The undertaker may, in connection with the carrying out of the authorised project (but subject to article 21 (time limit for exercise of authority to acquire land compulsorily)— (a) enter on and take temporary possession of— (i) the land specified in column (1) of Schedule 9 (land of which only temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule; and (ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act; (b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris 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; (e) construct any works, or use the land, as specified in relation to that land in column (1) of Schedule 9, or any mitigation works; (f) construct such works on that land as are mentioned in Part 1 (authorised development) of Schedule 1 (authorised project); and (g) carry out mitigation works required pursuant to the requirements in Part 1 of Schedule A2. (2) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land. (3) The undertaker must not remain in possession of the land under this agreement for longer than is reasonably necessary and in any event, without the agreement of the owners of the land, remain in possession of any land under this article— (a) in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (3) of Schedule 9; or (b) in the case of land specified in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken, unless the undertaker has, before the end of that period, served a notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act in relation to that land. (4) Unless the undertaker has served notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to— (a) replace any building, structure, drain or electric line removed under this article; (b) remove any drainage works including culverts installed by the undertaker under this article; (c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works) or any new footpath surface carried out under this article to any footpath or any improvements carried out under this article to any bridge; or (d) restore the land on which any works have been carried out under paragraph (1)(g). (5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of any power conferred by this article. (6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (7) Subject to article 50 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (5). (8) The undertaker may not compulsorily acquire under this Order new rights over or impose restrictive covenants over the land referred to in paragraph (1)(a)(i). (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
30 Temporary use of land for carrying out the authorised project
(1) The undertaker may, in connection with the carrying out of the authorised project (but subject to article 21 (time limit for exercise of authority to acquire land compulsorily)— (a) enter on and take temporary possession of— (i) the land specified in column (1) of Schedule 9 (land of which only temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule; and (ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act; (b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris 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; (e) construct any works, or use the land, as specified in relation to that land in column (1) of Schedule 9, or any mitigation works; (f) construct such works on that land as are mentioned in Part 1 (authorised development) of Schedule 1 (authorised project); and (g) carry out mitigation works required pursuant to the requirements in Part 1 of Schedule A2. (2) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land. (3) The undertaker must not remain in possession of the land under this agreement for longer than is reasonably necessary and in any event, without the agreement of the owners of the land, remain in possession of any land under this article— (a) in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (3) of Schedule 9; or (b) in the case of land specified in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken, unless the undertaker has, before the end of that period, served a notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act in relation to that land. (4) Unless the undertaker has served notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to— (a) replace any building, structure, drain or electric line removed under this article; (b) remove any drainage works including culverts installed by the undertaker under this article; (c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works) or any new footpath surface carried out under this article to any footpath or any improvements carried out under this article to any bridge; or (d) restore the land on which any works have been carried out under paragraph (1)(g). (5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of any power conferred by this article. (6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (7) Subject to article 50 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (5). (8) The undertaker may not compulsorily acquire under this Order new rights over or impose restrictive covenants over the land referred to in paragraph (1)(a)(i). (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
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