Planning and Infrastructure Act 2025
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Change 1
85 Powers of entry: further provision
(1) In this section and in sections 86 and 87, “power of entry” means a power to enter and survey or investigate land conferred by section 83 or by a warrant under section 84. (2) An authorisation of a person by Natural England to exercise a power of entry must be in writing. (3) When exercising or seeking to exercise a power of entry, a person must if asked produce evidence of the person’s authority and state the purpose of the intended entry. (4) A person exercising a power of entry may be accompanied by any person, and bring anything, required for any purpose for which the power of entry is being exercised. (5) If a person exercising a power of entry has reasonable cause to expect any obstruction in exercising the power, the person may be accompanied by a constable. (6) If in the exercise of a power of entry a person enters land which is unoccupied or from which the occupier is absent, the person must leave it as effectively secured against unauthorised entry as the person found it. (7) A person exercising a power of entry must not carry out any surveying or investigating of a kind specified in subsection (8) unless details of what is proposed were included in— (a) the notice under section 83(3) or 84(3), or (b) if the land is unoccupied, a notice given to every owner of the land that the person is able to identify after taking reasonable steps to do so. (8) The kinds of surveying or investigating referred to in subsection (7) are— (a) carrying out an aerial survey; (b) leaving apparatus on the land in question; (c) taking samples of— (i) water, (ii) air, (iii) soil or rock, (iv) flora, (v) blood, tissue or other biological material of fauna (living or dead), or (vi) any non-living thing present as a result of human action; (d) searching for flora or fauna; (e) carrying out exploratory works for purposes connected with the taking of a conservation measure. (9) A written authorisation from the Secretary of State is required before a person exercises a power of entry if— (a) the land in question is held by a statutory undertaker, and (b) the undertaker objects to anything proposed to be done in exercise of the power of entry on the ground that doing it would be seriously detrimental to the undertaker carrying on its undertaking. (10) Any such objection must be in writing and must be provided to Natural England within the period for which notice is given in relation to the intended entry under section 83(3) or 84(3). (11) In this section, “statutory undertaker” has the meaning given by section 83.
85 Powers of entry: further provision
(1) In this section and in sections 86 and 87, “power of entry” means a power to enter and survey or investigate land conferred by section 83 or by a warrant under section 84. (2) An authorisation of a person by Natural England to exercise a power of entry must be in writing. (3) When exercising or seeking to exercise a power of entry, a person must if asked produce evidence of the person’s authority and state the purpose of the intended entry. (4) A person exercising a power of entry may be accompanied by any person, and bring anything, required for any purpose for which the power of entry is being exercised. (5) If a person exercising a power of entry has reasonable cause to expect any obstruction in exercising the power, the person may be accompanied by a constable. (6) If in the exercise of a power of entry a person enters land which is unoccupied or from which the occupier is absent, the person must leave it as effectively secured against unauthorised entry as the person found it. (7) A person exercising a power of entry must not carry out any surveying or investigating of a kind specified in subsection (8) unless details of what is proposed were included in— (a) the notice under section 83(3) or 84(3), or (b) if the land is unoccupied, a notice given to every owner of the land that the person is able to identify after taking reasonable steps to do so. (8) The kinds of surveying or investigating referred to in subsection (7) are— (a) carrying out an aerial survey; (b) leaving apparatus on the land in question; (c) taking samples of— (i) water, (ii) air, (iii) soil or rock, (iv) flora, (v) blood, tissue or other biological material of fauna (living or dead), or (vi) any non-living thing present as a result of human action; (d) searching for flora or fauna; (e) carrying out exploratory works for purposes connected with the taking of a conservation measure. (9) A written authorisation from the Secretary of State is required before a person exercises a power of entry if— (a) the land in question is held by a statutory undertaker, and (b) the undertaker objects to anything proposed to be done in exercise of the power of entry on the ground that doing it would be seriously detrimental to the undertaker carrying on its undertaking. (10) Any such objection must be in writing and must be provided to Natural England within the period for which notice is given in relation to the intended entry under section 83(3) or 84(3). (11) In this section, “statutory undertaker” has the meaning given by section 83.
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