Planning and Infrastructure Act 2025
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Change 1
11 Planning Act 2008: right to enter and survey land
(1) Section 53 of the Planning Act 2008 (rights of entry) is amended as set out in subsections (2) to (7). (2) In subsection (1), for “Any person duly authorised in writing by the Secretary of State” substitute “An authorised person”. (3) After subsection (1A) insert— (1B) In subsection (1) “authorised person” means a person who is authorised in writing to exercise the power in that subsection on behalf of— (a) a person who has made an application for an order granting development consent that has been accepted by the Secretary of State, (b) a person who proposes to make an application for an order granting development consent, or (c) a person who has been granted the benefit of an order granting development consent of a kind specified in subsection (1)(c). (4) Omit subsection (2). (5) In subsection (4)— (a) in the words before paragraph (a), for “authorised under subsection (1) to enter any land” substitute “acting in the exercise of a power of entry onto any land conferred under subsection (1)”; (b) insert “and” at the end of paragraph (a); (c) in paragraph (b)— (i) for “any land which is occupied” substitute “the land”; (ii) for “the occupier” substitute “every owner or occupier of the land”; (d) omit “and” at the end of paragraph (b); (e) omit paragraph (c). (6) After subsection (4) insert— (4A) Notice given in accordance with subsection (4)(b) must include prescribed information. (4B) A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred under subsection (1) if satisfied— (a) that another person has prevented or is likely to prevent the exercise of that power, and (b) that it is reasonable to use force in the exercise of that power. (4C) The force that may be authorised by a warrant is limited to that which is reasonably necessary. (4D) A warrant authorising the person to use force must specify the number of occasions on which the person can rely on the warrant when entering land. (4E) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry is required. (4F) Any evidence in proceedings for a warrant must be given on oath. (7) After subsection (8) insert— (8A) Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (8) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed. (8) In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act to Scotland: modifications of section 53)— (a) after paragraph (za) insert— (zb) in subsections (4B) and (4E), the references to a justice of the peace were references to a sheriff or summary sheriff, ; (b) omit “and” at the end of paragraph (b); (c) after paragraph (b) insert— (ba) in subsection (8A)— (i) the reference to section 4 of the Land Compensation Act 1961 were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963, and (ii) the reference to section 1 of the Land Compensation Act 1961 were a reference to section 8 of the Land Compensation (Scotland) Act 1963, and . (9) In the Localism Act 2011— (a) omit section 136(4); (b) in paragraph 12 of Schedule 13— (i) in sub-paragraph (2), omit “and (2)”; (ii) omit sub-paragraph (3).
11 Planning Act 2008: right to enter and survey land
(1) Section 53 of the Planning Act 2008 (rights of entry) is amended as set out in subsections (2) to (7). (2) In subsection (1), for “Any person duly authorised in writing by the Secretary of State” substitute “An authorised person”. (3) After subsection (1A) insert— (1B) In subsection (1) “authorised person” means a person who is authorised in writing to exercise the power in that subsection on behalf of— (a) a person who has made an application for an order granting development consent that has been accepted by the Secretary of State, (b) a person who proposes to make an application for an order granting development consent, or (c) a person who has been granted the benefit of an order granting development consent of a kind specified in subsection (1)(c). (4) Omit subsection (2). (5) In subsection (4)— (a) in the words before paragraph (a), for “authorised under subsection (1) to enter any land” substitute “acting in the exercise of a power of entry onto any land conferred under subsection (1)”; (b) insert “and” at the end of paragraph (a); (c) in paragraph (b)— (i) for “any land which is occupied” substitute “the land”; (ii) for “the occupier” substitute “every owner or occupier of the land”; (d) omit “and” at the end of paragraph (b); (e) omit paragraph (c). (6) After subsection (4) insert— (4A) Notice given in accordance with subsection (4)(b) must include prescribed information. (4B) A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred under subsection (1) if satisfied— (a) that another person has prevented or is likely to prevent the exercise of that power, and (b) that it is reasonable to use force in the exercise of that power. (4C) The force that may be authorised by a warrant is limited to that which is reasonably necessary. (4D) A warrant authorising the person to use force must specify the number of occasions on which the person can rely on the warrant when entering land. (4E) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry is required. (4F) Any evidence in proceedings for a warrant must be given on oath. (7) After subsection (8) insert— (8A) Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (8) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed. (8) In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act to Scotland: modifications of section 53)— (a) after paragraph (za) insert— (zb) in subsections (4B) and (4E), the references to a justice of the peace were references to a sheriff or summary sheriff, ; (b) omit “and” at the end of paragraph (b); (c) after paragraph (b) insert— (ba) in subsection (8A)— (i) the reference to section 4 of the Land Compensation Act 1961 were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963, and (ii) the reference to section 1 of the Land Compensation Act 1961 were a reference to section 8 of the Land Compensation (Scotland) Act 1963, and . (9) In the Localism Act 2011— (a) omit section 136(4); (b) in paragraph 12 of Schedule 13— (i) in sub-paragraph (2), omit “and (2)”; (ii) omit sub-paragraph (3).
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