Mexborough and Swinton Times November 11, 1938
Right To / Work Coal
Amalgamated Denaby Collieries’ Application
Amalgamated Denaby Collieries, Ltd., Friday made an unopposed application before the Railway and Canal Comission for the right to search for and work all the unworked coal in the urban district of Conisborough.
The application, which came before Mr. Justice Wrottesley, Sir Francis Taylor, KC., and Sir Francis Dunnell, was acceded to and the Commission made an order granting the rights for 100 years from July 1st, 1938.
Mr. J. B. Herbert, for the applicants, said a number of objections which had, at one time been put forward had been disposed of and no objection was now made to the proposed order.
Giving details of the land concerned in the application Mr. Herbert mentioned that there were 118 parcels of freehold land a large number of other parcels, which once were copyhold, and where the. Lord of the Manor had rights, and others where there were joint rights. The area covered was about 44 acres, and, in some cases the ownership had not been ascertained.
The applicants had worked from the Cadeby Colliery the Barnsley seam in the surrounding areas. They had to leave certain coal under areas where lateral support was necessary and for other reasons.
RESULT OF REFUSAL
The object of the present application was to enable Amalgamated Denaby Collieries Limited.by means of the Cadeby Colliery to work out the whole of the Workable coal within the area shown on a plan. .
The refusal of the application would involve the permanent sterilisation of a considerable quantity of coal, estimated at 933,000 tons of the Barnsley seam and several millions of tons in other seams.
Provisions were made in the order for making good or paying compensation for damage caused by working the coal. The coal would be got by the long wall method, or the most approved method of working in the district.
The applicants would be at liberty, where necessary, for the proper working of the minerals, to let down the surface subject to making good or paying for damage to existing buildings. –
They would be entitled, on giving notice, to enter upon surface property affected by the order for the purpose of preserving or repairing any building with special provisions relating to Church of England property. The order also contained provisions as to wayleaves.
It fixed royalties at £150 per acre for the Barnsley seam and varying amounts for other seams, these being sums fixed by the Commission in the Manvers Main case in 1930. There was provision for application to the Commission for a reduction in the Royalty in certain cases.
Mr. Basil Henry Pickering, mining agent to the applicant company, said the principal object of the application was to enable the company to work parcels of coal which, if unworked, would sterilise large areas of other coal.
Mr. Justice Wrottesley: :What is your view as to the effect upon buildings in the town of Conisborough of the work you are anticipating?
Mr. Pickering: The experience I have had of working the Barnsley seam at a depth of about 800 yards under our property is that the damage has been little indeed.
His Lordship: And for such damage as is done, of course, you are taking liability? .
Mr. Pickering: Yes. .
Mr. Pickering said, the amount of coal sterilised if the application were not granted would, be about a million tons in the Barnsley seam and more than 5 ¾ million tons in the other seams. .
There were so many owners and people interested that it would be impossible to negotiate with them individually.
Mr. Justice Wrottesley said the Commission thought the order wag in the national interests and made it in the terms asked for.