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Planning Act (Northern Ireland) 2011

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Changes over time for: Section 177

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Version Superseded: 08/05/2016

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Status:

Point in time view as at 01/04/2015. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Planning Act (Northern Ireland) 2011, Section 177. Help about Changes to Legislation

Right to enter under warrantN.I.

This section has no associated Explanatory Notes

177—(1) If it is shown to the satisfaction of a lay magistrate on a complaint on oath—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 176(1) or (2); and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

the lay magistrate may issue a warrant authorising any person duly authorised in writing by the council or, as the case may be, the Department to enter the land.

(2) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3) A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable time, unless the case is one of urgency.

Modifications etc. (not altering text)

C2Pt. 5 (except ss. 157-163) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

Commencement Information

I1S. 177 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2S. 177 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

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