Office of Public Sector Information
PART III continued
(1) Any person duly authorised in writing by a planning authority may enter any land for the purpose of—
(a) surveying it in connection with making or confirming a tree preservation order with respect to the land;
(b) ascertaining whether an offence under section 59A or 98 of this Act has been committed on the land; or
(c) determining whether a notice under section 99 should be served on the owner of the land,
if there are reasonable grounds for entering for the purpose in question.
(2) Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land if there are reasonable grounds for entering for that purpose.
(3) Any person who is duly authorised in writing by a planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under sections 57 to 60 and 99 of this Act.
(4) Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the planning authority under section 163 of this Act.
(5) Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under section 58 or 99 of this Act.
(6) The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the planning authority.
(7) Admission shall not be demanded as of right—
(a) by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or
(b) by virtue of subsection (3), (4) or (5) to any land which is occupied,
unless 24 hours' notice of the intended entry has been given to the occupier.
(8) Any right to enter by virtue of this section shall be exercised at a reasonable hour.
(1) If the sheriff is satisfied—
(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 99A(1) or (2) of this Act; and
(b) that—
(i) admission to the land has been refused, or a refusal is reasonably apprehended; or
(ii) the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing by a planning authority or, as the case may be, the Secretary of State to enter the land.
(2) For the purposes of subsection (1)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(3) A warrant authorises entry on one occasion only and that entry must be—
(a) within one month from the date of the issue of the warrant; and
(b) at a reasonable hour, unless the case is one of urgency.
(1) Any power conferred under or by virtue of section 99A or 99B to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.
(2) A person authorised to enter land in the exercise of a right of entry—
(a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b) may take with him such other persons as may be necessary; and
(c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.”
In section 275 of the 1972 Act (interpretation), in subsection (1), in the definition of “advertisement”—
(a) after “notice” there is inserted “awning, blind”;
(b) after “used” there is inserted “or designed”; and
(c) after “use” there is inserted “and anything else used, or designed or adapted principally for use,”.
After section 101 of the 1972 Act there is inserted—
(1) Subject to the provisions of this section, a planning authority may remove or obliterate any placard or poster—
(a) which is displayed in their area; and
(b) which in their opinion is so displayed in contravention of regulations made under section 61 of this Act.
(2) Subsection (1) of this section does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.
(3) Subject to subsection (4) of this section, where a placard or poster identifies the person who displayed it or caused it to be displayed, the planning authority shall not exercise any power conferred by subsection (1) of this section unless they have first given him notice in writing—
(a) that in their opinion it is displayed in contravention of regulations made under section 61 of this Act; and
(b) that they intend to remove or obliterate it on the expiry of a period specified in the notice.
(4) Subsection (3) of this section does not apply if—
(a) the placard or poster does not give his address; and
(b) the authority do not know it and are unable to ascertain it after reasonable inquiry.
(5) The period specified in a notice under subsection (3) of this section must be not less than two days from the date of service of the notice.
(6) Any person duly authorised in writing by the planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred by this section if—
(a) the land is unoccupied; and
(b) it would be impossible to exercise the power without entering the land.”.
Schedule 10 to this Act, which makes amendments to the 1972 Act in respect of listed buildings, conservation areas and hazardous substances, shall have effect.
At the end of Part II of the 1972 Act (development plans) there is inserted—
—Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”.
Schedule 11 to this Act which—
(a) modifies the procedure for making simplified planning zones, and
(b) makes minor and consequential amendments to Schedule 6A to the 1972 Act,
shall have effect.
(1) Part VII of the 1972 Act (which provides for compensation in respect of planning decisions restricting new development) is (with the exception of section 145 (determination of claims)) repealed.
(2) Section 158 of the 1972 Act (compensation for planning decisions restricting development other than new development) is repealed.
(3) Section 160 of the 1972 Act (compensation for refusal of consent to alteration, etc. of listed building) is repealed.
(4) Schedules 13, 14 and 15 of the 1972 Act are repealed.
(5) The repeal of sections 158 and 160 of the 1972 Act shall have effect, or be treated as having effect, where the application for planning permission or, as the case may be, listed building consent was made on or after 16th November 1990.
(6) Schedule 12 to this Act shall have effect.
(7) Subsection (1) of this section shall have effect in relation to any compensation under Part VII of the 1972 Act unless a claim for the compensation has been made in accordance with section 143 of this Act before the repeal of that section comes into force.
(8) Any amount recoverable under section 148 of the 1972 Act which has not been paid, including any interest on any such amount, shall cease to be recoverable and any security by which the payment of any such amount, or interest on it, is secured is discharged.
Schedule 13 to this Act (which makes minor and consequential amendments of the enactments relating to planning in Scotland) shall have effect.
Planning and Compensation Act 1991