http://www.legislation.gov.uk/asc/2026/6/section/386Planning (Wales) Act 2026enStatute Law Database2026-06-16Expert Participation2026-04-28
Planning (Wales) Act 2026Deddf Cynllunio (Cymru) 2026s. 346(3)(c)(ii)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 5 para. 23Sch. 5 Pt. 1s. 5(2)
PART 15GENERALPowers of entryPowers to enter land
386
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.
S. 386 not in force at Royal Assent, see s. 409(2)