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—

F1(a)

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;

F2(aa)

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 F3. . ., 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;

F4(ba)

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;

(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), F5. . . F6or Chapter 2 or 3 of Part VIII or under any order or regulations made under any of those provisions.

F7(1A)

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.

F8F9(1BA)

Any person duly authorised in writing by the Welsh Ministers or by a F10corporate 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.

F11(2)

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

(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 F12, 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.

F14(4)

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

(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, F15Chapter 2 or 3 of Part VIII, section 250(1) or Part XI (other than section 279(2) or (3) or 280(1)(c)).

F16(6)

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

(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.