Search Legislation

Housing and Planning Act 2016

Status:

This is the original version (as it was originally enacted).

175Enhanced authorisation procedures etc. for certain surveys

This section has no associated Explanatory Notes

(1)A written authorisation from the appropriate Minister is required before a person enters and surveys or values land in exercise of the power conferred by section 172 if—

(a)the land is held by a statutory undertaker,

(b)within the notice period mentioned in section 174(1), the statutory undertaker objects to the proposed entry and survey or valuation in writing to the acquiring authority, and

(c)the objection is that the proposed entry and survey or valuation would be seriously detrimental to the statutory undertaker carrying on its undertaking.

(2)In subsection (1)—

  • “the appropriate Minister” means—

    (a)

    in the case of land in Wales held by a water or sewerage undertaker, the Welsh Ministers, and

    (b)

    in any other case, the Secretary of State;

  • “statutory undertaker” means—

    (a)

    any person who is, or who is deemed to be, a statutory undertaker for the purposes of section 16 or 17 of the Acquisition of Land Act 1981 or of any provision of Part 11 of the Town and Country Planning Act 1990, and

    (b)

    any person in relation to whom the electronic communications code is applied by a direction under section 106(3)(a) of the Communications Act 2003.

(3)Where the survey or valuation is to take place in a street, the following sections of the New Roads and Street Works Act 1991 apply to the survey or valuation as if it were street works—

(a)section 55 (notice of starting date of works),

(b)section 69 (requirements to be complied with where works likely to affect another person’s apparatus in the street), and

(c)section 82 (liability for damage or loss caused).

(4)In the application of those sections references to an “undertaker” are to be read as references to the acquiring authority which authorised the survey or valuation.

(5)See section 169(4) of the Water Industry Act 1991 and section 171(4) of the Water Resources Act 1991 for additional procedures in relation to the exercise of the power in section 172 on behalf of a water undertaker, the Environment Agency or the Natural Resources Body for Wales.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources