The 1952 Act

The Cheshire Brine Pumping (Compensation for Subsidence) Act 1952 set up a single Compensation District covering all areas of Cheshire where brine subsidence was considered to be a possibility, with the exception of Nantwich town who declined to be part of the scheme. The responsibilities of the Compensation Board under the 1952 Act were not dissimilar to those contained in the 1891 Act in that the following applies:

  • A maximum levy of 6d (2½p) per thousand gallons of brine pumped could be levied on each brine pumper.
  • A rebate of 66.66% could be made to pumpers extracting brine by controlled methods and therefore not causing additional damage (i.e. 66.66% of 6d).
  • The brine pumpers themselves, local authorities, utility companies and government bodies were excluded from claiming for subsidence damage – other than for residential properties owned by local authorities.
  • A procedure for consultation with the Compensation Board by the Local Planning Authority and Building Control. Areas potentially at risk from brine subsidence were defined by the Board (known as Consultation or Yellow Areas) and the Local Planning Authority consult with the Board with regard to applications relating to the erection of buildings within these Yellow Areas.  In the event of any land being considered as unfit for development due to the extent of ongoing subsidence, planning permission could be declined.  Alternatively conditions could be introduced with regard to structural precautions based on advice provided by the Board. Building Control certification by local authorities also involves a statutory obligation to consult the Board and this also extends to private approvers by virtue of the Building Act 1984.