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Development of Rural Wales Act 1976
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Changes over time for: Paragraph 35
Version Superseded: 01/10/1998
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - Stop date 01/10/1998- Amendment
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Point in time view as at 01/02/1991. This version of this provision has been superseded.
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35(1)The erection, construction or carrying out, or maintenance, of any building or work on land to which this Part of the new towns code applies, whether done by the Board or a local highway authority or by any other person, is authorised by virtue of this paragraph if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the use of land arising by virtue of a contract:
Provided that nothing in this sub-paragraph shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking [F1or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system].
(2)This paragraph applies to the following interests and rights, that is to say, any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
(3)In respect of any interference or breach in pursuance of sub-paragraph (1) above, compensation shall be payable under section 7 or 10 of the M1Compulsory Purchase Act 1965, to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase by the Board or a local highway authority or the injury arises from the execution of works on land acquired by the Board or such an authority.
(4)Where a person other than the Board or local highway authority by whom the land in question was acquired is liable to pay compensation by virtue of sub-paragraph (3) above, and fails to discharge that liability, the liability shall be enforceable against the Board or that authority:
Provided that nothing in this sub-paragraph shall be construed as affecting any agreement between the Board or that authority and any other person for indemnifying the Board or that authority against any liability under this sub-paragraph.
(5)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) above.
(6)Nothing in this paragraph shall be construed as authorising any act or omission on the part of the Board or a local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the Board, authority or body.
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F1Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 paras. 1(2), 67(2), Sch. 5 para. 45
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