Localism Act 2011

Valid from 01/04/2012

136 Rights of entry for surveying etc in connection with applications E+W

(1) The Planning Act 2008 is amended as follows.

(2) In section 53(1) (person may be authorised to enter land for the purpose of surveying and taking levels of it) after “taking levels of it” insert “ , or in order to facilitate compliance with the provisions mentioned in subsection (1A), ”.

(3) In section 53 after subsection (1) insert—

“(1A) Those provisions are any provision of or made under an Act for the purpose of implementing—

(a) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended from time to time,

(b) Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended from time to time, or

(c) any EU instrument from time to time replacing all or any part of either of those Directives.”

(4) Omit section 53(2)(b) and (c) (until proposed application is made, entry for surveying may be authorised only if compulsory acquisition may be involved and section 42 has been complied with).

(5) In section 53 after subsection (3) insert—

“(3A) Power conferred by subsection (1) for the purpose of complying with the provisions mentioned in subsection (1A) includes power to take, and process, samples of or from any of the following found on, in or over the land—

(a) water,

(b) air,

(c) soil or rock,

(d) its flora,

(e) bodily excretions, or dead bodies, of non-human creatures, or

(f) any non-living thing present as a result of human action.”

(6) In section 54(1) (application of section 53(1) to (3) to Crown land) for “to (3)” substitute “ to (3A) ”.

(7) In paragraph 7 of Schedule 12 (modifications of section 53 for the purposes of its application to Scotland) before sub-paragraph (a) insert—

“(za) in subsection (1A), the reference to an Act included an Act of the Scottish Parliament,”.