Clause 9 - Highway subsoil

Part of High Speed Rail (London - West Midlands) Bill – in a Public Bill Committee at 10:15 am on 1 March 2016.

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Photo of Robert Goodwill Robert Goodwill Parliamentary Under-Secretary (Department for Transport) 10:15, 1 March 2016

Just when you thought that we had covered absolutely everything, we move to clause 9, which refers to highway subsoil. It allows the nominated undertaker to use any subsoil beneath the “highway” within the Bill limits, which is required for the purpose of construction and maintenance of works authorised by the Bill without the need formally to acquire the subsoil or any interest in it. This does not apply to cellars, vaults, archways or other structures that form part of the building fronting on to a highway.

Subsections (3) and (4) introduce schedule 12, which lists the highway land where the powers to take subsoil or compulsorily acquired interest in land cannot be exercised except in the case of street works. Subsection (5) provides that, in the case of highways in the land specified in the table in paragraph 1 of schedule 11, only subsoil that is more than 9 metres beneath the level of the surface may be taken, but street works can be carried out.