Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 8 — Enforcement
85

Rights of entry
162
Right to enter without warrant
(1)
This section applies in relation to any land if the relevant local planning
authority has reasonable grounds for suspecting that an offence under section
159 or 160 is being, or has been, committed on or in respect of the land.
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(2)
A person authorised in writing by the relevant local planning authority may at
any reasonable hour enter the land for the purpose of ascertaining whether an
offence under section 159 or 160 is being, or has been, committed on the land.
(3)
A person may enter a building used as a dwelling-house under subsection (2)
only if 24 hours’ notice of the intended entry has been given to the occupier of
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the building.
163
Right to enter under warrant
(1)
This section applies if it is shown to the satisfaction of a justice of the peace on
sworn information in writing—
(a)
that there are reasonable grounds for suspecting that an offence under
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section 159 or 160 is being, or has been, committed on or in respect of
any land, and
(b)
that the condition in subsection (2) is met.
(2)
The condition is that—
(a)
admission to the land has been refused, or a refusal is reasonably
20
apprehended, or
(b)
the case is one of urgency.
(3)
The justice of the peace may issue a warrant authorising any person who is
authorised in writing for the purpose by the relevant local planning authority
to enter the land.
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(4)
For the purposes of subsection (2)(a) admission to land is to be regarded as
having been refused if no reply is received to a request for admission within a
reasonable period.
(5)
A warrant authorises entry on one occasion only and that entry must be—
(a)
before the end of the period of one month beginning with the date of
30
the issue of the warrant, and
(b)
at a reasonable hour, unless the case is one of urgency.
164
Rights of entry: supplementary provisions
(1)
A person authorised to enter land in pursuance of a right of entry conferred
under or by virtue of section 162 or 163 (“a relevant right of entry”)—
35
(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
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was found.

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(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
5
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
Lands Tribunal.
10
(6)
In relation to the determination of any such question, the provisions of sections
2 and 4 of the Land Compensation Act 1961 (c. 33) apply subject to any
necessary modifications and to any other prescribed modifications.
165
Rights of entry: Crown land
Sections 162 and 163 do not apply to Crown land.
15
Information notices
166
Power to require information
(1)
This section applies in relation to any land if it appears to the relevant local
planning authority that an offence under section 159 or 160 may have been
committed on or in respect of the land.
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(2)
The relevant local planning authority may serve an information notice.
(3)
The information notice may be served on any person who—
(a)
is the owner or occupier of the land or has any other interest in it, or
(b)
is carrying out operations on the land or is using it for any purpose.
(4)
The information notice may require the person on whom it is served to give
25
such of the following information as may be specified in the notice—
(a)
information about any operations being carried out in, on, over or
under the land, any use of the land and any other activities being
carried out in, on, over or under the land, and
(b)
information about the provisions of any order granting development
30
consent for development of the land.
(5)
An information notice must inform the person on whom it is served of the
likely consequences of a failure to respond to the notice.
(6)
A requirement of an information notice is complied with by giving the
required information to the relevant local planning authority in writing.
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167
Offences relating to information notices
(1)
A person commits an offence if without reasonable excuse the person fails to
comply with any requirement of an information notice served under section
166 before the end of the period mentioned in subsection (2).

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(2)
The period referred to in subsection (1) is the period of 21 days beginning with
the day on which the information notice is served.
(3)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(4)
A person commits an offence if the person—
5
(a)
makes any statement purporting to comply with a requirement of an
information notice which he knows to be false or misleading in a
material respect, or
(b)
recklessly makes such a statement which is false or misleading in a
material respect.
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(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
Notices of unauthorised development
168
Notice of unauthorised development
(1)
Subsection (2) applies if a person is found guilty of an offence under section 159
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committed on or in respect of any land.
(2)
The relevant local planning authority may serve a notice of unauthorised
development on the person requiring such steps as may be specified in the
notice to be taken—
(a)
to remove the development, and
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(b)
to restore the land on which the development has been carried out to its
condition before the development was carried out.
(3)
Subsection (4) applies if a person is found guilty of an offence under section 160
committed on or in respect of any land.
(4)
The relevant local planning authority may serve a notice of unauthorised
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development on the person requiring the person to remedy the breach or
failure to comply.
(5)
A notice of unauthorised development—
(a)
must specify the period within which any steps are required to be
taken, and
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(b)
may specify different periods for different steps.
(6)
Where different periods apply to different steps, references in this Part to the
period for compliance with a notice of unauthorised development, in relation
to any step, are to the period within which the step is required to be taken.
(7)
A notice of unauthorised development must specify such additional matters as
35
may be prescribed.
169
Execution of works required by notice of unauthorised development
(1)
If any of the steps specified in a notice of unauthorised development have not
been taken before the end of the period for compliance with the notice, the
relevant local planning authority may—
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(a)
enter the land on which the development has been carried out and take
those steps, and

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(b)
recover from the person who is then the owner of the land any expenses
reasonably incurred by it in doing so.
(2)
Where a notice of unauthorised development has been served in respect of
development—
(a)
any expenses incurred by the owner or occupier of the land for the
5
purposes of complying with it, and
(b)
any sums paid by the owner of the land under subsection (1) in respect
of expenses incurred by the relevant local planning authority in taking
steps required by it,

are to be deemed to be incurred or paid for the use and at the request of the
10
person found guilty of the offence under section 159 or 160.
(3)
Regulations may provide that all or any of the following sections of the Public
Health Act 1936 (c. 49) are to apply, subject to such adaptations and
modifications as may be specified in the regulations, in relation to any steps
required to be taken by a notice of unauthorised development—
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section 276 (power of local authorities to sell materials removed in
executing works under that Act subject to accounting for the proceeds
of sale);
section 289 (power to require the occupier of any premises to permit
works to be executed by the owner of the premises);
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section 294 (limit on liability of persons holding premises as agents or
trustees in respect of the expenses recoverable under that Act).
(4)
Regulations under subsection (3) applying all or any of section 289 of that Act
may include adaptations and modifications for the purpose of giving the
owner of land to which such a notice relates the right, as against all other
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persons interested in the land, to comply with the requirements of the notice.
(5)
Regulations under subsection (3) may also provide for the charging on the land
on which the development is carried out of any expenses recoverable by the
relevant local planning authority under subsection (1).
(6)
A person commits an offence if the person wilfully obstructs a person acting in
30
the exercise of powers under subsection (1).
(7)
A person guilty of an offence under subsection (6) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
Injunctions
170
Injunctions
35
(1)
A local planning authority may apply to the court for an injunction if it
considers it necessary or expedient for any actual or apprehended prohibited
activity to be restrained by injunction.
(2)
Prohibited activity means activity that constitutes an offence under section 159
or 160 in relation to land in the area of the local planning authority.
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(3)
On an application under this section the court may grant such an injunction as
the court thinks fit for the purpose of restraining the prohibited activity.
(4)
In this section “the court” means the High Court or a county court.