259Powers to enter land without warrant(1)

A person authorised in writing by a planning authority may enter any land—

(a)

to survey it in connection with making a tree preservation order or a woodland preservation order in relation to the land;

(b)

to assess whether an offence under section 250 has been committed on the land;

(c)

to determine whether a tree replacement notice should be issued in relation to the land;

(d)

in connection with the exercise of any other function conferred on the authority by or under this Part.

(2)

A person authorised in writing by the Welsh Ministers may enter any land—

(a)

to survey it in connection with making, varying or revoking a tree preservation order or a woodland preservation order in relation to the land;

(b)

in connection with the exercise of any other function conferred on the Welsh Ministers by or under this Part.

(3)

The Welsh Ministers must not authorise a person to enter land for a purpose mentioned in subsection (2)(a) without consulting the planning authority in whose area the land is situated.

(4)

If tree preservation regulations make provision for the payment of compensation in accordance with section 242, an officer of the Valuation Office of His Majesty’s Revenue and Customs may enter any land to survey it, or estimate its value, in connection with a claim for compensation.

(5)

A power to enter land under this section may be exercised only—

(a)

at a reasonable time;

(b)

if there are reasonable grounds for entering the land for the purpose in question.

(6)

A person authorised to enter land under this section may not demand admission as of right—

(a)

by virtue of subsection (1)(a) to (c) or (2)(a) to a building used as a dwelling, or

(b)

by virtue of subsection (1)(d), (2)(b) or (4) to any land that is occupied,

unless 24 hours’ notice of the intended entry has been given to every occupier of the building or land.

(7)

A person authorised to enter land under this section—

(a)

must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land,

(b)

may take on to the land any other persons that are necessary,

(c)

may take samples from any tree or soil, and

(d)

must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.