Mineral Working Act Notices

On 6th April 2005, the Council's Executive agreed to accept the Office of the Deputy Prime Minister's (ODPM) funding offer for the stabilisation of the Combe Down Stone Mines. The main stabilisation scheme commenced in 2007.

As the mine workings are historically abandoned workings there is no traceable mine owner. Ownership therefore falls to the landowner above the mine. Each property needs to be considered on a case-by-case basis but where there is no documentary or statutory evidence of separate ownership of mines and minerals, an owner of a property in Combe Down owns, as a general presumption of law, all soil, airspace etc below the surface boundaries of their property  Individual title deeds will need to be checked for absolute certainty but, if this principle of ownership applies, those parts of the mines immediately below the surface are within the property owned by the surface owner.   For the emergency works, the Council sought landowners' permission on a case-by-case basis.  It was felt, however, that this method of gaining consent would not be sufficient for the main scheme.

The Council, therefore, took advice on the best way to gain the right to enter private land to carry out the stabilisation scheme. The method advised uses the powers provided under section 8 of the Mineral Workings Act 1985 (MWA). By serving a Notice under the MWA on all identified parties with an interest in the land on or near where mine stabilisation works may be required, the Council can gain the right to enter private land to carry out necessary stabilisation works as set out in the Notice.   In July 2005, therefore, the Council served Mineral Workings Act notices on Combe Down landowners and other interested parties (e.g. mortgage companies, tenants, etc).