Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

265 Rights of entry. S

(1) Any person duly authorised in writing by the Secretary of State or by a. . . F2 planning authority may at any reasonable time enter upon any land for the purpose of surveying it in connection with—

(a) the preparation, approval, adoption, making or amendment of a structure plan or local plan relating to the land under Part II of this Act, including the carrying out of any survey under that Part;

(b) any application under Part III or section [F3 F4 . . .61] of this Act, or under any order or regulations made thereunder, for any permission, consent or determination to be given or made in connection with that land or any other land under Part III or [F5 section 61] of this Act or under any such order or regulations;

(c) any proposal by the. . . F2 planning authority or by the Secretary of State to make or serve any order or notice under Part III (other than section [F6 41]), Part IV [F7 other than sections 58 to 60] or [F8 sections 92 to 97BC and 101] of this Act, or under any order or regulations made thereunder or any notice under section 105 of this Act.

[F9 (1A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

(a) any application for hazardous substances consent;

(b) any proposal to issue a hazardous substances contravention notice.]

(2) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter upon any land for the purpose of surveying any building [F10 on that or any other land] in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 52 of this Act.

[F11 (2A) Any person duly authorised in writing by the Secretary of State or the planning authority may at any reasonable time enter upon any land for the purpose—

F12 (a) . . .

(b) of ascertaining whether a stop notice or an enforcement notice is being complied with.]

(3) Any person duly authorised in writing by the Secretary of State or a. . . F2 planning authority may at any reasonable time enter upon any land for the purpose of ascertaining whether, with respect to any building on [F13 that or any other land], an offence has been, or is being, committed under section 53 or 94 of, or Schedule 10 to, this Act, or whether the building is being maintained in a proper state of repair.

(4) Any person duly authorised in writing by the Secretary of State, a. . . F2 planning authority or a local authority may at any reasonable time enter upon any land for the purpose of ascertaining whether—

(a) an offence appears to have been committed under section 55 of this Act; or

(b) any of the functions conferred by section 97 F14 . . . of this Act should or may be exercised in connection with the land,

or for the purpose of exercising any of those functions in connection with the land.

[F15 (4A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 56L of this Act.]

(5) Any person, being an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation under F16 . . . this Act in respect of that land or any other land.

(6) Any person, being an officer of the Valuation Office or a person duly authorised in writing by a. . . F2 planning authority, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land, being compensation payable by the. . . F2 planning authority under Part VIII of this Act (other than section 164), under section 201(5) of this Act or under Part XI of this Act (other than section [F17 163 or] 226(2) or 227(1)(c)).

(7) Any person, being an officer of the Valuation Office or a person duly authorised in writing by a local authority or Minister authorised to acquire land under section 102 or 103 of this Act, and any person duly authorised in writing by a local authority having power to acquire land under Part VI of this Act, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

[F18 (7A) Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with.]

(8) Subject to the provisions of section 266 of this Act, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

[F19 (9) In subsection (1) (except as regards paragraph (a)) and in subsection (6) of this section “planning authority” includes a regional planning authority.]

Textual Amendments

F2 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F3 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 40(a)(i)

F4 Words in s. 265(1)(b) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(6), Sch. 13, para. 38(a)(i), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1992/334, art. 4, Schs.1, 2

F5 Words in s. 265(1)(b) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 38(a)(ii) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F6 Word substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 40(a)(ii)

F7 Words in s. 265(1)(c) inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 38(b)(i) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F8 Words in s. 265(1)(c) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 38(b)(ii) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F9 S. 265(1A) inserted (prosp) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 37, Sch. 7 Pt. II para. 5(a)

F10 Word in s. 265(2) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10, para. 12(a) (with s. 84(5)); S.I. 1992/334, art. 4, Sch.2

F11 S. 265(2A) inserted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(3)

F12 S. 265(2A)(a) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, 84(6), Sch. 13, para. 38(c), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1992/334, art. 4, Schs. 1, 2

F13 Words in s. 265(3) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10 para. 12(b) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F14 Words in s. 265(4)(b) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, 84(6), Sch. 13, para. 38(d), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1992/334, art. 4, Schs. 1, 2

F15 S. 265(4A) inserted (prosp) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 37, Sch. 7 Pt. II para. 5(b)

F16 Words in s. 265(5) repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(6), Sch. 13, para. 38(e), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1991/2092, art. 3

F17 Words in s. 265(6) inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 38(f) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F18 S. 265(7A) inserted (prosp) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 37, Sch. 7 Pt. II para. 5(c)

F19 S. 265(9) added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 40 (b)

Modifications etc. (not altering text)

C1 S. 265(8), 266(1)–(3)(6) extended with modifications by Telecommunications Act 1984 (c. 12, SIF 96), s. 38(2)