Site visits and rights of entry

As part of their role in investigating and assessing breaches of planning control, it may be necessary for enforcement officers to enter onto private land or property in order to carry out an inspection, take photographs and measurements.

Due to the nature of planning enforcement work and the large number of site visits officers are required to conduct, the majority of visits will be made without prior arrangement with the owner/occupier. Enforcement officers will carry approved identification which will be produced for inspection on request.

Planning enforcement officers are given extensive powers to enter land for enforcement purposes under Section 196A to C of the Town and Country Planning Act 1990. It is a criminal offence to wilfully obstruct an authorised person using this right of entry.

In order to assess breaches of planning control, officers are able to enter into buildings that are used as a dwellinghouse. If entry is refused by the owner/occupier at that time, then the officer is required to send notice of intended entry at least 24 hours in advance of a further visit. The giving of notice only applies to buildings used as a dwelling house, and does not apply to outbuildings or garden areas that are within the residential curtilage of a dwellinghouse. Notice of entry is also not required for any other private land.

If an enforcement officer is denied entry to a site in order to carry out their lawful duties, officers can use their powers under Section 196B of the Act to obtain a warrant from the local Magistrates’ Court. If a warrant is obtained, this will authorise entry on one occasion only, which must be undertaken at a reasonable hour within one month from the date of issue of the warrant.

Abusive or threatening behaviour towards staff will not be tolerated and will be logged and reported to the Police.