Highways Act 1980

289 Powers of entry of highway authority for the purpose of survey. E+W

(1) A person duly authorised in writing by a highway authority may at any reasonable time enter on any land for the purpose of surveying that or any other land in connection with the exercise by that authority, in their capacity as a highway authority, of any of their functions.

[F1 (1A) A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).]

(2) The power conferred by this section to enter on land includes power to place and leave on or in the land any apparatus for use in connection with any survey of that or any other land (whether from the air or on the ground) and to remove such apparatus.

(3) The power conferred by this section to survey land includes power to search and bore for the purpose of ascertaining—

(a) the nature of the subsoil or the presence of minerals in it;

(b) whether any damage to a highway maintainable at the public expense for which the authority are the highway authority is being caused or is likely to be caused by mining operations or other activities taking place under the highway or in or under land adjoining, or in the vicinity of the highway.

Textual Amendments

F1 S. 289(1A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 12; S.I. 2016/733, reg. 3(h) (with reg. 6)