Part XV Miscellaneous and General Provisions

Rights of entry

324 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—

a

the preparation, approval, adoption or making of a unitary development plan or a local plan F1minerals local plan or waste local planrelating to the land under Part II or the alteration of such a plan or a structure plan relating to the land under that Part, including the carrying out of any survey under that Part;

b

any application under Part III or sections 198 to 200, 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;

c

any proposal by the local planning authority or by the Secretary of State to make, issue or serve any order or notice under Part III (other than sections 94 and 96), Part VII or Part VIII or under any order or regulations made under any of those provisions.

2

Any person duly authorised in writing by the Secretary of State or a local authority may at any reasonable time enter any land for the purpose of ascertaining whether any of the functions conferred by sections 207 to 209 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.

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 if—

a

the land is unoccupied; and

b

it would be impossible to exercise the power without entering the land.

F24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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, Part VIII (other than section 204), section 250(1) or Part XI (other than section 279(2) or (3) or 280(1)(c)).

6

Any person who is an officer of the Valuation Office or is duly authorised in writing by a local authority or Minister authorised to acquire land under section 226 or 228 or by a local authority who have power to acquire land under Part IX may at any reasonable time enter 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.

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.

8

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.