Commentary on provisions of the Act Compulsory acquisition of land Section 8: Acquisition of subsoil or under-surface
Some of the land shown on the deposited plans is required for underground working tunnels and ancillary works where only the subsoil of the land needs to be acquired. Section 8 enables the Secretary of State to acquire compulsorily the subsoil only, rather than having to acquire the whole of the land.
	Subsection (2) disapplies the provisions of the Compulsory Purchase Act 1965 and the Compulsory Purchase (Vesting Declarations) Act 1981 which enable a landowner, in certain cases where it is proposed to purchase only part of property, to require the whole of the property to be acquired on the ground that taking that part of the land would result in material detriment to the remainder of the land. The result is that, where only the subsoil of land is acquired, the Secretary of State cannot be required to acquire a greater interest in the property.
	However, subsection (3) excepts from that disapplication cases where a cellar, vault, arch or other construction forming part of a building is to be acquired compulsorily. In such a case the landowner’s right to claim that the whole of the property should be acquired on the ground of material detriment is not affected.
	Subsection (4) introduces Schedule 11 which in certain cases restricts the Secretary of State’s power to acquire land to the purchase of subsoil or under-surface of land, or to both the subsoil or under-surface and rights of passage.