The Teesport (Land Acquisition) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1238 |
| Year | 2008 |
2008 No. 1238
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Teesport (Land Acquisition) Order 2008
Made 30th April 2008
Coming into force 21th May 2008
An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20001for an Order under sections 3 and 5 of the Transport and Works Act 19922(“the 1992 Act”).
The objections to that application have been withdrawn.
The Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in her opinion do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 3rd March 2008.
Accordingly, the Secretary of State, in exercise of the powers conferred on her by sections 3 and 5 of, and paragraphs 3 to 5, 7, 8, 11 and 16 of Schedule 1 to, the 1992 Act makes the following Order:—
PART 1PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Teesport (Land Acquisition) Order 2008 and shall come into force on 21st May 2008.
(2) The Teesport Acts and Orders 1966 to 20083and this Order may be cited together as the Teesport Acts and Orders 1966 to 2008.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“address” includes any number or address used for the purposes of electronic transmission;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the Company” means PD Teesport Limited, a company incorporated under the Companies Act 19856, whose registered number is 2636007;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“harbour” has the same meaning as in section 3 (Interpretation) of the Tees and Hartlepools Port Authority Act 19667;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“Northern Gateway Container Terminal” means the development of that part of the harbour for which planning permission was granted by Redcar and Cleveland Borough Council on 4th October 2007 and which includes the area in the River Tees to be reclaimed under the provisions of the Teesport Harbour Revision Order 20088;
“the tribunal” means the Lands Tribunal; and
“the undertaking” means the harbour undertaking of the Company as authorised from time to time.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
(3) All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.
PART 2ACQUISITION AND POSSESSION OF LAND
Power to acquire land
3.—(1) Subject to paragraph (2), the Company may acquire compulsorily—
(a)
(a) so much of the land shown coloured pink and edged black on the land plans and described in the book of reference; or
(b)
(b) such estates, interests, easements, or other rights in or over the land, as may be required for, or in connection with, the Northern Gateway Container Terminal,
and may use any land so acquired for, or in connection with, the Northern Gateway Container Terminal or for any other purposes ancillary to the undertaking.
(2) The Company shall not under the powers of this Order acquire compulsorily any interest held by BOC Limited in the land numbered 10 on the land plans.
(3) This article is subject to article 6 (temporary use of land for construction of works).
Application of Part 1 of the Compulsory Purchase Act 1965
4.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—
(a)
(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 19819applies; and
(b)
(b) as if this Order were a compulsory purchase order under that Act.
(2) Part 1 of the 1965 Act, as so applied, shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Power to acquire new rights
5.—(1) The Company may acquire compulsorily such easements or other rights over any land referred to in paragraph (1) of article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1), where the Company acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in that land.
(3) Schedule 1 (modification of compensation and compulsory purchase enactments for creation of new rights) shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Temporary use of land for construction of works
6.—(1) The Company may, in connection with the construction of the Northern Gateway Container Terminal—
(a)
(a) enter upon and take temporary possession of the land numbered 1a shown coloured pink and edged black on the land plans and described in the book of reference for the purpose of constructing Work No. 1 authorised by the Teesport Harbour Revision Order 2008;
(b)
(b) remove any equipment and apparatus (including a conveyor) from that land; and
(c)
(c) construct temporary works (including the provision of means of access) on that land.
(2) Not less than 14 days before entering upon and taking temporary possession of land under this article the Company shall serve notice of the intended entry on the owners and occupiers of the land.
(3) The Company may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in paragraph (1)(a).
(4) Before giving up possession of land of which temporary possession has been taken under this article, the Company shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(5) The Company shall 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 the powers 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, shall be determined under Part 1 of the 1961 Act.
(7) Without prejudice to article 13 (no double recovery), nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).
(8) The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) except that the Company shall not be precluded from acquiring new rights over any part of that land under article 5 (power to acquire new rights).
(9) Where the Company takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
(10) Section 13 of the 1965 Act shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 4(1) (application of Part 1 of the Compulsory Purchase Act 1965).
Disregard of certain interests and improvements
7.—(1) In assessing the compensation payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account—
(a)
(a) any interest in land, or
(b)
(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
(2) In paragraph (1), “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Extinction or suspension of private rights of way
8.—(1) All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—
(a)
(a) as from the date of acquisition of the land by the Company, whether compulsorily or by agreement; or
(b)
(b) on the date of entry on the land by the Company under section 11(1) of the 1965 Act,
whichever is the sooner.
(2) All private rights of way over land owned by the Company which,...
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