(12) The provisions of the Neighbourhood Planning Act 2017 do not apply insofar as they relate to the temporary possession of land under this article in relation to the maintenance of any part of the authorised development within the maintenance period. 

## Statutory undertakers 

31. —(1) Subject to the provisions of Schedule 10 (protective provisions), article 23 (compulsory acquisition of rights and restrictive covenants) and paragraph (2), the undertaker may— 

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over any Order land belonging to statutory undertakers; and 

(b) extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land. 

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply— 

(a) Part 3 (street works in England and Wales) of the 1991 Act; and 

(b) article 32 of this Order (apparatus and rights of statutory undertakers in stopped up streets). 

## Apparatus and rights of statutory undertakers in stopped up streets 

32. —(1) Where a street is stopped up under article 13 (permanent stopping up and restriction of use of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made. 

(2) Where a street is stopped up under article 13 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must— 

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or 

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a). 

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with— 

(a) the execution of the relocation works required in consequence of the stopping up of the street; and 

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works. 

(4) If in the course of the execution of relocation works under paragraph (2)— 

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or 

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, 

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess. 

(5) For the purposes of paragraph (4)— 

