Planning Act 2023
466Consent to entry with authorised person
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466 Consent to entry with authorised person (1) This section applies if an inspector intends to ask the occupier of the premises to consent to the inspector and an authorised person entering the premises under section 463 (1) (c). (2) The inspector must, during business hours— (a) show their identity card; and (b) tell the occupier that— (i) the territory planning authority gave a direction for rectification work to be done at the premises; and (ii) notice of the direction was given under section 437; and (iii) the rectification work was not undertaken in accordance (iv) a person has been authorised to undertake the rectification work; and (v) entry is sought to allow the authorised person to undertake the rectification work; and (vi) the authorised person is accompanying the inspector; and
(vii) the inspector may, but need not, remain at the premises to (viii) the authorised person may return during business hours as required to complete the work; and (ix) the occupier may refuse consent to enter the premises; and (x) the occupier may withdraw consent to remain at the premises. (3) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent) stating the (a) the matters mentioned in subsection (2) (b); (b) that the occupier was told of those matters; (c) that the occupier consented to the entry; (d) the date and time that consent was given. (4) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier. (5) A court must find that the occupier did not consent to the inspector entering or remaining at the premises under this part if— occupier consented; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented.