The Beacon Fen Energy Park Order 2026
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Change 1
25 Statutory authority to override easements and other rights
(1) The carrying out or use of development authorised by this Order and the doing of anything else authorised by this Order is authorised, including 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 user of land arising by virtue of contract. (2) The undertaker will 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 user of land arising by virtue of contract, authorised by virtue of this Order and the operation of section 158 of the 2008 Act. (3) The interests and rights to which this article apply are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract. (4) Subsection (2) of section 10 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).
25 Statutory authority to override easements and other rights
(1) The carrying out or use of development authorised by this Order and the doing of anything else authorised by this Order is authorised, including 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 user of land arising by virtue of contract. (2) The undertaker will 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 user of land arising by virtue of contract, authorised by virtue of this Order and the operation of section 158 of the 2008 Act. (3) The interests and rights to which this article apply are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract. (4) Subsection (2) of section 10 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).
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