caused by the construction, on operation or maintenance of that part of the authorised development, 

the undertaker must compensate the owners and occupiers of the building or structure for any loss or damage sustained by them. 

(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act. 

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

(11) 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 or structure by the construction, operation or maintenance of the authorised development; and 

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, operation or maintenance of the authorised development. 

## Felling or lopping of trees 

21. —(1) The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub— 

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or 

(b) from constituting a danger to persons using the authorised development; or 

(c) from obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development. 

(2) In carrying out any activity authorised by paragraph (1) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity. 

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 

## Compulsory acquisition of land 

## POWERS OF ACQUISITION AND POSSESSION OF LAND 

## PART 3 

## Powers of acquisition 

22. —(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or as is incidental to it. 

(2) This article is subject to article 24, article 25 (acquisition of subsoil only) and article 33. 

## Time limit for exercise of authority to acquire land compulsorily 

23. —(1) After the end of the period of five years beginning on the day on which this Order comes into force— 

(a) no notice to treat may be served under Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act; and 

