Planning Act 2008

164Right to enter under warrantE+W+S

This section has no associated Explanatory Notes

(1)This section applies if it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that there are reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of any land, and

(b)that the condition in subsection (2) is met.

(2)The condition is that—

(a)admission to the land has been refused, or a refusal is reasonably apprehended, or

(b)the case is one of urgency.

(3)The justice of the peace may issue a warrant authorising any person who is authorised in writing for the purpose by the relevant local planning authority to enter the land.

(4)For the purposes of subsection (2)(a) admission to land is to be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(5)A warrant authorises entry on one occasion only and that entry must be—

(a)before the end of the period of one month beginning with the date of the issue of the warrant, and

(b)at a reasonable hour, unless the case is one of urgency.

Commencement Information

I1S. 164 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)