Legislation – Planning and Infrastructure Act 2025

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Part 3Development and nature recovery

Powers and duties: Natural England etc

84Warrant to enter and survey or investigate land

(1)

This section applies if a justice of the peace is satisfied, on an application by an authorised person giving written information on oath—

(a)

that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling in connection with the exercise by Natural England of any function conferred by or under this Part, and

(b)

that—

(i)

an authorised person has given notice as set out in section 83(3) but has been denied admission to the land or received no reply to a request for admission within a reasonable period,

(ii)

admission to the land is unlikely to be granted unless a warrant is produced, or

(iii)

it is necessary to confer a power to use force (if necessary) to achieve the purpose for which entry is sought.

(2)

The justice of the peace may issue a warrant conferring a power on any authorised person to enter and survey or investigate the land, if necessary using reasonable force.

(3)

Subject to subsection (8), a warrant may be executed in relation to land which is occupied only if notice in writing of the intended entry has been given to the occupier as follows—

(a)

if the land is held by a statutory undertaker, the notice must be at least 21 days;

(b)

in any other case, the notice must be at least 24 hours.

(4)

That notice must—

(a)

be accompanied by a copy of the warrant, or

(b)

if no warrant has yet been issued, state that Natural England intends to apply for a warrant.

(5)

A person executing or seeking to execute a warrant must produce a copy of the warrant to the occupier of the land (if present).

(6)

A warrant must specify the number of occasions on which the warrant confers power to enter and survey or investigate the land.

(7)

The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the warrant is required.

(8)

Where a warrant authorises entry onto the same land on more than one occasion, notice under subsection (3) is not required to be given for second and subsequent entries to carry out the same kind of surveying or investigating.

(9)

Execution of a warrant must be—

(a)

within the period of three months starting with the date of its issue;

(b)

at a reasonable hour.

(10)

A warrant under this section may not authorise a person to enter and survey or value land in connection with a proposal by Natural England to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

(11)

In this section—

“authorised person” means a person authorised by Natural England under section 83;

“statutory undertaker” has the meaning given by that section.