SCHEDULES

SCHEDULE 11Land where powers of acquisition are limited to sub-surface acquisition

Section 7

Restriction of power of compulsory acquisition to land under the surface

1

In the case of land specified in the following table, the power under section 4(1) may be exercised only in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres below the level of the surface.

Area

Number of land shown on deposited plans

Borough of Newcastle-under-Lyme

Parish of Whitmore

74, 77, 79, 82, 85, 87, 89, 92, 94, 96, 98, 100, 103, 105, 107, 109, 110, 178 to 181

Parish of Madeley

142, 145, 158, 160, 164, 166

Supplementary

2

1

Paragraph 1 is subject to the power to impose restrictive covenants by virtue of section 5(1)(b).

2

Paragraph 1 does not restrict the exercise of the power under section 4(1) in relation to a cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway where—

a

the building is within the Act limits, and

b

the power under section 4(1) is exercisable in relation to the building.