Part XV Miscellaneous and General Provisions
Rights of entry
C1324 Rights of entry.
1
Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—
C2F11a
the preparation, revision, adoption or approval of a local development document under Part 2 of the Planning and Compulsory Purchase Act 2004 or a local development plan under Part 6 of that Act;
F20aa
the preparation, making, modification or revocation of a neighbourhood development plan under Part 3 of that Act;
b
any application under Part III or sections F1. . ., 220 or 221 or under any order or regulations made under any of those provisions, for any permission, consent or determination to be given or made in connection with that land or any other land under that Part or any of those sections or under any such order or regulations;
F14ba
any application made to the Welsh Ministers under section 62O;
bb
any secondary consent in respect of which, by virtue of section 62F(2), a decision is to be made by the Welsh Ministers;
F191A
For the purposes of subsection (1)(c) the reference to a proposal by the local planning authority to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the authority for the making by them of a neighbourhood development order.
F15F171BA
Any person duly authorised in writing by the Welsh Ministers or by a F21corporate joint committee may at any reasonable time enter any land for the purpose of surveying it in connection with the preparation, revision, adoption or approval of a strategic development plan under Part 6 of the Planning and Compulsory Purchase Act 2004.
F42
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3
Any person duly authorised in writing by the local planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred on the authority by section 225 F18, 225A(1), 225C(10)(a) or 225F(6)(a) if—
a
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
it would be impossible to exercise the power without entering the land.
F54
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5
Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter 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 which is payable by the local planning authority under Part IV, section 186, F6Chapter 2 or 3 of Part VIII, section 250(1) or Part XI (other than section 279(2) or (3) or 280(1)(c)).
F16C36
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7
Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land in respect of which an order or notice has been made or served as mentioned in subsection (1)(c) for the purpose of ascertaining whether the order or notice has been complied with.
C78
Subject to section 325, 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 in it.
9
In subsections (1)(c) and (7) references to a local planning authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.
C5325 Supplementary provisions as to rights of entry. C4
C81
A person authorised under section 324 to enter any land—
a
shall, if so required, produce evidence of his authority F7and state the purpose of his entry before so entering, and
b
shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier.
C82
Any person who wilfully obstructs a person acting in the exercise of his powers under section 324 shall be guilty of an offence and liable on summary conviction to a fine not exceeding F8level 3 on the standard scale.
C83
If any person who, in compliance with the provisions of section 324, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in it as to any manufacturing process or trade secret, he shall be guilty of an offence.
C84
Subsection (3) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the F9land.
C85
A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
6
Where any F10damage is caused to land or chattels—
a
in the exercise of a right of entry conferred under section 324, or
b
in the making of any survey for the purpose of which any such right of entry has been so conferred,
compensation F10may be recovered by any person suffering the damage from the Secretary of State or authority on whose behalf the entry was effected.
7
The provisions of section 118 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV.
C88
No person shall carry out under section 324 any works authorised by virtue of subsection (8) of that section unless notice of his intention to do so was included in the notice required by subsection (1).
C6C89
The authority of the appropriate Minister shall be required for the carrying out under that section of works so authorised if the land in question is held by statutory undertakers, and they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
325AF12Rights of entry: Crown land
1
Section 324 applies to Crown land subject to the following modifications.
2
A person must not enter Crown land unless he has the relevant permission.
3
Relevant permission is the permission of—
a
a person appearing to the person seeking entry to the land to be entitled to give it, or
b
the appropriate authority.
4
In subsection (8) the words “Subject to section 325” must be ignored.
5
Section 325 does not apply to anything done by virtue of this section.
6
“Appropriate authority” must be construed in accordance with section 293(2).