The Nottingham Express Transit System Order 2009

5.  The reference in article 19 (attachment of equipment to buildings) to any land specified in Schedule 6 (land not to be acquired compulsorily) or Schedule 8 (acquisition of new rights only) shall be omitted and the following additional provisions shall apply to the promoter’s exercise of the powers conferred by article 19 in respect of any building for the time being constructed on any land within the limits of deviation shown on the deposited plans referred to in the 1994 Act, as applied by paragraph 2—

(a)the promoter shall not affix any apparatus to a building without the written consent of the relevant owner of the building; and such consent may be given subject to reasonable conditions (including, where appropriate, the payment of rent) but shall not be unreasonably withheld;

(b)where—

(i)the promoter serves on the relevant owner of a building a notice requesting the owner’s consent to the affixing of specified apparatus to the building; and

(ii)the relevant owner does not within the period of 56 days beginning with the date upon which the notice is served give consent unconditionally or give it subject to conditions or refuse it,

the consent shall be deemed to have been withheld;

(c)where, in the opinion of the promoter, a consent required under this paragraph for the affixing of specified apparatus is unreasonably withheld or given subject to unreasonable conditions, it may apply to the magistrates' court, who may either allow the apparatus to be affixed subject to such conditions, if any, as it thinks fit or may disallow the application;

(d)where apparatus is affixed to a building under this paragraph—

(i)any owner for the time being of the building may serve on the promoter not less than 56 days' notice requiring the promoter at its own expense temporarily to remove the apparatus during any reconstruction, demolition or repair of the building if such removal is reasonably necessary for that purpose; and

(ii)the promoter shall have the right as against any person having an interest in the building to use and maintain the apparatus;

(e)where, in the opinion of the promoter, a requirement temporarily to remove any apparatus affixed to a building under this paragraph during any demolition or maintenance of the building is not reasonably necessary for that purpose, the promoter may refer the matter to an arbitrator under article 82 (arbitration), who may either allow the apparatus to be temporarily removed or may order that it shall not be temporarily removed; and

(f)the promoter shall pay compensation to the owners and occupiers of the building for any loss or damage sustained by them by reason of the exercise of the powers conferred by article 19 and sub-paragraph (d)(ii); and any dispute as to a person’s entitlement to compensation, or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.