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Planning (Listed Buildings and Conservation Areas) Act 1990

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Planning (Listed Buildings and Conservation Areas) Act 1990, Section 88 is up to date with all changes known to be in force on or before 27 May 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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88 Rights of entry.E+W

(1)Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying any building on it [F1or any other land] in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 1.

(2)Any person duly authorised in writing by the Secretary of State, a local planning authority or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes—

(a)surveying it [F2or any other land] in connection with any proposal by the authority or the Secretary of State to make, issue or serve any order or notice under any of the provisions of sections 1 to 26, 38, 40, 46, 54, 55, 60, 68, 75 or 76 or under any order or regulations made under any of them, or any notice under section 48;

(b)ascertaining whether any such order or notice has been complied with [F3in relation to the land or any other land];

(c)ascertaining whether an offence has been, or is being, committed with respect to any building on the land [F4or any other land], under section 9, 11 [F5, 26J] or 43;

(d)ascertaining whether any [F6building on the land or any other land] is being maintained in a proper state of repair.

(3)Any person duly authorised in writing by the Secretary of State, a local authority or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes—

(a)ascertaining whether an offence has been or is being committed under section 59 [F7in relation to the land or any other land];

(b)ascertaining whether any of the functions conferred by section 54 should or may be exercised in connection with the land [F8or any other land]; or

(c)exercising any of those functions in conn ection with the land [F8or any other land].

[F9(3A)Any person duly authorised in writing by a local planning authority in Wales may at any reasonable time enter any land for any of the following purposes—

(a)securing the display of a temporary stop notice (see section 44B);

(b)ascertaining whether a temporary stop notice is being complied with;

(c)considering any claim for compensation under section 44D.]

(4)Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable by the authority under section F10 . . . 28 [F11, 28B] [F12, 29 or 44D] in respect of any land.

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Subject to [F14section 88B(8)], any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil F15 . . ..

F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10S. 88(4): "27" repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6) and 84(4), Schs. 6 para. 46, 19 Pt. II; S.I. 1991/2067, art. 3

F12Words in s. 88(4) substituted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 29(5), 41(2)

F15Words in s. 88(6) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(6) Schs. 3 Pt. II para. 25, 19 Pt.I; S.I. 1991/2905, art.3 Sch. 2

F16For s. 88(7) there is substituted (2.1.1992) ss. 88A and 88B by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para. 9(2); S.I. 1991/2905, art.3

Modifications etc. (not altering text)

C1Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.

S. 88 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 13(5) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C2S. 88 applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

C3S. 88(5) amended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 13(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

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