Compulsory acquisition of land
7Acquisition of subsoil or under-surface
1
The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only.
2
The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only—
a
Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);
b
Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);
c
section 153(4A) of TCPA 1990 (blighted land: proposed acquisition of part interest - material detriment test).
3
Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or factory.
4
Schedule 11 contains provision which in certain cases restricts the power under section 4(1) to the subsoil or under-surface of land.