269.Part 7 of the Act contains provisions about offences relating to development without infrastructure consent and a breach of, or failure to comply with, the terms of an infrastructure consent order and the ability to serve notices of unauthorised development.
270.This Part makes provision about what enforcement tools are available to local authorities and the Welsh Ministers to aid in undertaking enforcement duties, in addition to the time limits within which any enforcement action may be taken.
271.This section provides that an offence is committed where a person carries out, or causes to be carried out, development which requires infrastructure consent, but at the time, no such consent is in force in respect of the development.
272.A person may be tried in the magistrates’ court or the Crown Court and where found guilty, will be liable to an unlimited fine.
273.This section provides that an offence is committed if, without a reasonable excuse, a person carries out, or causes to be carried out, development which is in breach of the terms of an infrastructure consent order or fails to comply with the terms of an infrastructure consent order.
274.It is a defence for a person charged with an offence under this section to prove the breach or failure to comply only occurred because of an error in the infrastructure consent order and that the error has been corrected under section 87.
275.A person may be tried in the magistrates’ court or the Crown Court and, where found guilty, will be liable to an unlimited fine.
276.This section sets out time limits for bringing charges in relation to the offences created by sections 103 and 104.
277.This section allows a person authorised by a relevant planning authority or the Welsh Ministers to enter land for the purposes of assessing whether an offence under section 103 or section 104 is being or has been committed. This power may be exercised at any reasonable time and only if there are reasonable grounds for entering the land for the purpose in question.
278.Where a person is authorised to enter land, they must produce evidence of their authorisation to do so and the purpose of entry (if requested) and may take on to the land any other persons considered necessary. They must also leave the land effectively secured against trespassers if they leave when no owner or occupier is present.
279.This section also specifies a person authorised to enter land may not demand entry to a building which is used as a dwelling unless 24 hours’ notice of the intended entry is given to every occupier of the building.
280.This section provides that a justice of peace may issue a warrant conferring a power to enter land if the justice of the peace is satisfied that there are reasonable grounds for entering land to assess whether an offence under section 103 or 104 is being, or has been, committed on or in respect of the land and that admission to the land has been refused or is reasonably expected to be refused, or the case is one of urgency.
281.An admission to land is to be treated as a refusal if no reply is received to a request for admission within a reasonable period.
282.Where a warrant is issued under this section, it can only confer a power to enter land on one occasion and at a reasonable time, unless the case is one of urgency. The warrant will cease to have effect 1 month from the day it is issued.
283.Where a person is authorised to enter land, they must produce evidence of their authorisation to do so and the purpose of entry, if requested and may take on to the land any other persons considered necessary. They must also leave the land effectively secured against trespassers if they leave when no owner or occupier is present.
284.This section creates an offence where a person intentionally obstructs a person exercising a power of entry under section 106 or 107. A person may be tried in the magistrates’ court and, where found guilty, will be liable to an unlimited fine.
285.This section also provides that if damage is caused to land or other property in the exercise of the power to enter land, the person suffering the damage may recover compensation from the planning authority who authorised entry, or the Welsh Ministers if they authorised entry.
286.A claim for compensation under this section must be made in writing within 12 months beginning with the day the damage was caused or the last day damage was caused if it was over a period of more than 1 day. Any disputes about compensation must be referred to and determined by the Upper Tribunal in accordance with section 4 of the Land Compensation Act 1961.
287.This section provides that the power to enter land with or without a warrant under sections 106 and 107 does not apply to Crown land.
288.This section amends the Marine and Coastal Access Act 2009 (“
289.New section 243A provides the Welsh Ministers with a power to appoint persons for the purposes of enforcing the Infrastructure (Wales) Act 2024 in Wales and in the Welsh inshore region (and in relation to any vessel, aircraft or marine structure in this region, with the exception of any British warship).
290.The power gives the Welsh Ministers a wide discretion in who they appoint and gives a person appointed under this section the power under section 263 of the 2009 Act (power to require information relating to substances and objects) as well as the common enforcement powers set out in Chapter 2 of Part 8 of the 2009 Act (common enforcement powers) which include:
powers of entry, search and seizure,
powers to record evidence of offences and to require names and addresses,
powers to require the production of licences,
powers to require attendance of certain persons,
powers to direct vessels or marine installations to port,
powers relating to assisting enforcement officers, and
powers to use reasonable force.
291.This section allows the relevant planning authority to serve an information notice on any person who is the owner or occupier of land or has any other interest in it, or who is carrying out operations on the land or using it for any purpose, where they consider an offence under section 103 or section 104 may have been committed on or in respect of land in its area.
292.It also allows the Welsh Ministers to serve an information notice on any person who is the owner or occupier of land or has any other interest in it, or who is carrying out operations on the land or using it for any purpose, where they consider an offence under section 103 or section 104 may have been committed on or in respect of land in Wales.
293.The Welsh Ministers may also serve an information notice on a person carrying out operations in the Welsh marine area where they suspect an offence to have been committed in or in respect of the Welsh marine area.
294.This section also prescribes what an information notice must specify and what it may specify and requires the person on whom a notice is served to provide the information specified in the notice so far as they are able to do so. The notice must set out the likely consequences for failing to respond.
295.Section 112(1) provides that an offence is committed where a person on whom an information notice has been served does not comply with a requirement of the notice after a period of 21 days from the day on which the notice was served, but there is a defence if the person can prove a reasonable excuse for failing to comply. This is a summary offence punishable by a fine.
296.Subsection (5) provides that it is an offence to knowingly or recklessly provide information which is false or misleading. This is an either way offence punishable by a fine.
297.It is possible under this section for a person to be convicted of more than one offence in relation to the same information notice by reference to different periods.
298.This section provides the relevant planning authority or the Welsh Ministers with the power to issue a notice of unauthorised development when a person is found guilty of an offence under sections 103 and 104 in respect of land.
299.For offences under section 103, a notice may specify the steps to be taken to remove the development and restore the land to its condition before the development was carried out, which must be undertaken within a period specified in the notice.
300.For offences under section 104, a notice may require the person on whom a notice is served to remedy the breach of failure to comply within a period specified in the notice.
301.Where a notice of unauthorised development is served, this section specifies the notice may specify different periods for taking different steps.
302.This section also provides the Welsh Ministers power to make regulations which may prescribe additional matters which must be specified in a notice of unauthorised development.
303.This section allows the owner of land to apply for an order to a magistrates’ court to require another person with an interest in the land to permit the owner to take such steps as required by a notice of unauthorised development.
304.Where the court is satisfied that a person with an interest in the land is preventing the owner from taking such steps, the court may make an order.
305.This section provides that where any steps required to be taken by a notice of unauthorised development have not been taken within the period specified in the notice, the planning authority who issued the notice of unauthorised development, or the Welsh Ministers if they issued the notice, may enter the land to which the notice relates at any reasonable time and take the step(s) themselves.
306.A person who intentionally obstructs a person exercising their power under this section commits an offence. A person may be tried in the magistrates’ court and, where found guilty, will be liable to an unlimited fine.
307.This section provides that where a relevant planning authority or the Welsh Ministers exercise the power under section 115, they may recover their costs from a person who is then the owner of the land.
308.Any costs recoverable are, until recovered, to be a charge on the land to which the notice of unauthorised development relates and takes effect as a local land charge at the beginning of the day after the day the planning authority or the Welsh Ministers completes the step(s) specified in the notice of unauthorised development to which the costs relate.
309.This section also specifies materials may be removed from the land when taking steps required by a notice of unauthorised development and where the owner of the materials does not claim them and take them away within 3 days beginning the day after they are removed, the materials may be sold.
310.If materials are sold, the proceeds must be paid to the person who owned the materials, after deducting any recoverable costs.
311.Costs may not be recovered under this section from the Crown.
312.This section provides the power for a relevant planning authority to issue a temporary stop notice in relation to land in their area where they consider an activity has been, or is being carried out, which constitutes an offence under section 103 or section 104 and the activity ought to be stopped immediately. The power to issue a temporary stop notice does not extend to the Welsh Ministers.
313.This section also prescribes what must be specified in a temporary stop notice, who a temporary stop notice may be given to and how such notices must be displayed.
314.This section provides that a temporary stop may not prohibit the use of a building as a dwelling and any activity or circumstances which may be specified in regulations.
315.Temporary stop notices may also not prohibit any activity which has been carried out, or is being carried out, for at least 4 years before the date on which a temporary stop notice is first displayed, with the exception of an activity consisting of, or incidental to, building, engineering, mining or other operations, or the deposit of waste.
316.This section provides that a temporary stop notice takes effect when a copy of the notice is first displayed and ceases to have effect at the end of a period of 28 days, beginning on the date it is first displayed, unless a shorter period is specified in the notice or the court grants an injunction under section 122.
317.This section also specifies that if the relevant planning authority withdraws the notice before the end of the period for which it would otherwise have effect, the notice ceases to have effect when it is withdrawn.
318.Where a temporary stop notice is issued, this section prevents the relevant planning authority from issuing a second or subsequent notice in respect of the same activity, unless the authority has issued a notice of unauthorised development or issued an injunction.
319.This section provides that an offence is committed where a person carries out an activity prohibited by a temporary stop notice at any time when such a notice has effect.
320.However, it is a defence for a person to prove that a copy of the notice was not served on them and that they did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.
321.A person may be tried in the magistrates’ court or the Crown Court and where found guilty, will be liable to an unlimited fine. It is also possible under this section for a person to be convicted of more than one offence in relation to the same temporary stop notice by reference to different periods.
322.This section provides that where an activity specified in a temporary stop notice is authorised by an infrastructure consent order granted before the day the notice takes effect, or the relevant planning authority withdraws the notice, any person with an interest in land to which a temporary stop notice relates may make a claim for compensation to the relevant planning authority within 12 months for any loss or damage suffered by the person that is directly attributable to the notice.
323.This section does not apply to any activity specified in the notice which is authorised by an infrastructure consent order granted on or after the day a temporary stop notice takes effect, or if the relevant planning authority withdraws a notice after the grant of a consent. This section also specifies the circumstances in which compensation is not payable.
324.This section provides that a relevant planning authority or the Welsh Ministers may apply to the High Court or county court for an injunction to restrain an actual or expected activity which constitutes an offence under either section 103 or section 104. The relevant planning authority may apply for an injunction in relation to land in its area, and the Welsh Ministers may apply for an injunction in relation to land in Wales.
325.The court may grant an injunction on any terms it considers appropriate for the purpose of restraining such activity. An injunction may not be issued under this section against the Crown.
326.This section specifies who a relevant planning authority is for the purposes of Part 7 of the Act.