Planning Act 2023

An inspector may apply for a warrant in relation to premises (a monitoring warrant) if—

any of the following apply:

the inspector believes on reasonable grounds that a controlled activity has happened, or is happening, at the premises;

there is a controlled activity order in relation to a controlled activity at the premises;

there is a prohibition notice in relation to the premises;

a direction was given under section 437 to undertake rectification work at the premises;

an injunction under section 456 is in force in relation to the premises; and

any of the following apply:

an inspector has been refused entry in accordance with an intention to enter notice given under section 467;

the occupier—

is given an intention to enter notice under section 467; and

consents to the entry of an inspector in accordance with the notice; and

withdraws the consent.

An application for a monitoring warrant must be sworn and state—

the grounds on which the applicant relies to make the application; and

why the warrant is sought; and

whether police assistance, or any other assistance, is likely to be needed to execute the warrant; and

if the application is made remotely under section 488—why the application is being made remotely.