Planning Act 2008

165 Rights of entry: supplementary provisions E+W+S

(1) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 163 or 164 (“a relevant right of entry”)—

(a) must, if so required, produce evidence of the authority and state the purpose of entry before entering the land,

(b) may take on to the land such other persons as may be necessary, and

(c) must, if the person leaves the land at a time when the owner or occupier is not present, leave it as effectively secured against trespassers as it was found.

(2) A person commits an offence if the person wilfully obstructs a person acting in the exercise of a relevant right of entry.

(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) If any damage is caused to land or chattels in the exercise of a relevant right of entry, compensation may be recovered by any person suffering the damage from the local planning authority that authorised the entry.

(5) Except so far as otherwise provided by regulations, any question of disputed compensation under subsection (4) is to be referred to and determined by the [F1 Upper Tribunal].

(6) In relation to the determination of any such question, the provisions of [F2 section]4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to any other prescribed modifications.

Textual Amendments

F1 Words in s. 165(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 294(a) (with Sch. 5)

F2 Word in s. 165(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 294(b) (with Sch. 5)

Commencement Information

I1 S. 165 partly in force; s. 165 in force for certain purposes at Royal Assent see s. 241

I2 S. 165 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)