Clause 8 - Acquisition of subsoil or under- surface

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

Alert me about debates like this

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

Clause 8, which logically follows on, refers to the acquisition of subsoil or under-surface. It allows the Secretary of State to compulsorily purchase only the subsoil or under-surface of land within limits for works such as tunnelling. Where the Secretary of State acquires only the subsoil or under-surface, he cannot be compelled to purchase the surface land, except where a sub-surface acquisition impacts on part of a building and could therefore have a material detrimental impact on the remainder of the property.

Subsection (4) introduces schedule 11, which in specified cases restricts the compulsory powers of acquisition to subsoil or under-surface of land and surface access rights. Table 1 of the schedule details land where only subsoil more than 9 metres below the surface can be compulsorily acquired—mostly for deep tunnels. Table 2  identifies land where subsoil more than 9 metres below the surface, together with surface access rights, can be compulsorily acquired.

For clarification, under-surface is material below the surface to a depth of 9 metres, whereas subsoil is material below a depth of 9 metres.