(9) Without affecting article 40 (no double recovery), nothing in this article relieves the undertaker from any liability to pay compensation under section 152( a ) (compensation in case where no right to claim in nuisance) of the 2008 Act. 

(10) Section 13( b ) (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125( c ) (application of compulsory acquisition provisions) of the 2008 Act. 

(11) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 

(12) In this article “protective works” in relation to a building means— 

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or use of the authorised development; 

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development; and 

(c) any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk to such operation being disrupted. 

## Authority to survey and investigate land 

17. —(1) The undertaker may for the purposes of this Order enter on— 

(a) any land shown within the Order limits; and 

(b) where reasonably necessary, any land which is adjacent to but outside the Order limits, and— 

(i) survey or investigate the land; 

(ii) without limitation to the scope of paragraph (i), make any excavations or trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; 

(iii) without limitation to the scope of paragraph (i), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and 

(iv) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. 

(3) Any person entering land under this article on behalf of the undertaker— 

(a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and 

(b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation to make the trial holes. 

(4) No trial holes are to be made under this article— 

(a) in land located within the highway boundary without the consent of the highway authority; or 

(b) in a private street without the consent of the street authority, 

