Planning (Wales) Act 2026

Prospective

386 Powers to enter land E+W

(1) A person authorised in writing by a corporate joint committee or the Welsh Ministers may enter any land to survey it in connection with the preparation, revision, adoption or approval of a strategic development plan.

(2) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to survey it in connection with the preparation, revision, adoption or approval of a local development plan.

(3) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to survey it in connection with an application mentioned in subsection (4) relating to that land or any other land.

(4) The applications are—

(a) an application for planning permission;

(b) an application for approval of a reserved matter;

(c) an application for any other consent, agreement or approval required by a condition or limitation subject to which planning permission has been granted;

(d) an application made to the Welsh Ministers under section 80 (option to make application to Welsh Ministers: connected applications);

(e) an application under section 100 for a non-material change to planning permission;

(f) an application under Schedule 8 or 9 (application to determine conditions of minerals permissions or postpone review date);

(g) an application under section 167 for the modification or discharge of a planning obligation;

(h) an application for consent under control of advertisements regulations.

(5) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

(a) survey it in connection with a proposal to make an order, or issue a notice, mentioned in subsection (6), or

(b) assess whether an order or notice mentioned in that subsection has been complied with.

(6) The orders and notices are—

(a) a development order that makes provision in relation to land specified in the order or land of a description specified in the order;

(b) a local development order that relates to land specified in the order or land in a part of a planning authority’s area specified in the order;

(c) an order under section 102 (orders modifying or revoking planning permission);

(d) a discontinuance order;

(e) a prohibition order;

(f) a protection order;

(g) a maintenance of land notice;

(h) an order or notice under control of advertisements regulations.

(7) If it would be impossible to exercise a power conferred on a planning authority by section 231 (removal and obliteration of placards and posters) without entering any land, a person authorised in writing by the authority may enter the land to exercise the power.

(8) An authorised person may enter any land to survey it, or estimate its value, in connection with a claim for compensation in respect of that land or any other land that is payable by a planning authority or the Welsh Ministers under—

(a) Chapter 11 of Part 3 (changes to planning permission);

(b) section 124 or 152 (temporary stop notices and stop notices);

(c) Chapter 1 of Part 7 (discontinuance orders, prohibition orders and protection orders);

(d) section 232 (damage caused in removing or obliterating placard or poster);

(e) section 289 (pedestrianisation of highway);

(f) section 319 or 320(3) (statutory undertakers: changes to planning permission and re-siting of apparatus).

(9) In subsection (8) “authorised person” means—

(a) an officer of the Valuation Office of His Majesty’s Revenue and Customs, or

(b) a person authorised in writing by the planning authority or (in the case of a claim for compensation under section 152 or 320(3) that is payable by the Welsh Ministers) the Welsh Ministers.

Commencement Information

I1 S. 386 not in force at Royal Assent, see s. 409(2)