(4) Any person who suffers loss by the extinguishment or suspension of any private right or by the imposition of any restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 

(5) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 35 (statutory undertakers and utilities) applies. 

(6) Paragraphs (1) to (3) have effect subject to— 

(a) any notice given to the undertaker before— 

(i) the completion of the acquisition of the land or the acquisition of the rights or the imposition of restrictive covenants over or affecting the land; 

(ii) the undertaker’s appropriation of it; 

(iii) the undertaker’s entry onto it; or 

(iv) the undertaker’s taking temporary possession of it, 

that any or all of those paragraphs do not apply to any right specified in the notice; and 

(b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs. 

(7) If any such agreement as is referred to in paragraph (6)(b)— 

(a) is made with a person in or to whom the right is vested or belongs; and 

(b) is expressed to have effect also for the benefit of those deriving title from or under that person, 

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 

(8) References in this article to private rights over land include any right of way, trust, incident, 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 virtue of a contract, agreement or undertaking having that effect. 

## Power to override easements and other rights 

29. —(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, regardless of if it involves— 

(a) an interference with an interest or right to which this article applies; or 

(b) a breach of a restriction as to the user of land arising by virtue of contract. 

(2) In this article “authorised activity” means— 

(a) the erection, construction or maintenance of any part of the authorised development; 

(b) the exercise of any power authorised by this Order; or 

(c) the use of any land (including the temporary use of land). 

(3) The interests and rights to which this article applies include 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) Where an interest, right or restriction is overridden by paragraph (1), compensation— 

(a) is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection) of the 1965 Act; and 

(b) is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where— 

