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Planning Act (Northern Ireland) 2011

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Rights to enter without warrantN.I.

This section has no associated Explanatory Notes

176—(1) Any person duly authorised in writing by a council may at any reasonable time enter any land—

(a)to ascertain whether there is or has been any breach of planning control on the land or any other land;

(b)to ascertain whether an offence has been, or is being, committed with respect to any building on the land or any other land, under section 85, section 85 as applied by section 105(6), section 103 or 147 or section 147, as applied by section 157(6);

(c)to ascertain whether an offence has been committed under section 117, 126 or 127;

(d)for the purpose of exercising any of the functions conferred by section 161;

(e)to determine whether any of the powers conferred on the council by this Part should be exercised in relation to the land or any other land;

(f)to determine how any such power should be exercised in relation to the land or any other land;

(g)to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the land or any other land,

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

(2) Any person duly authorised in writing by the Department may at any reasonable hour enter any land to determine whether an enforcement notice, a stop notice or a listed building enforcement notice should be issued in relation to the land or any other land, if there are reasonable grounds for entering for that purpose.

(3) The Department must not so authorise any person without consulting the council.

(4) Admission to any building used as a dwelling-house shall not be demanded as of right by virtue of subsection (1) or (2) unless 24 hours' notice of the intended entry has been given to the occupier of the building.

[F1(5) In this section and in sections 177 and 178, “the Department” means—

(a)in relation to the enforcement of stop notices and enforcement notices, the Department for Infrastructure;

(b)in relation to the enforcement of listed building enforcement notices, the Department for Communities.]

Textual Amendments

Modifications etc. (not altering text)

C2Pt. 5 (except ss. 157-163) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

C3Ss. 176-178: transfer of functions (8.5.2016 for specified purposes) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

C4Ss. 176-178: transfer of functions (8.5.2016 for specified purposes) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 1 (with art. 9(2))

Commencement Information

I1S. 176 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2S. 176 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

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