Planning, Development and Infrastructure Act 2016

This section applies if a development approval envisages that a person who undertakes the development will require access to other land or premises in order to address an affect on the stability of that land or those premises that will be caused (or is likely to be caused) on account of the undertaking of the development (the affected site).

In a case where this section applies—

the person undertaking the development must ensure that a notice in the prescribed form is provided to the owner of the affected site in accordance with the regulations (being a notice that informs the owner that the person undertaking the development may require access to the affected site within a period prescribed by the regulations);

subject to paragraph (c), the person undertaking the development is then entitled to gain access to the affected site at any reasonable time in order to protect the affected site and to carry out such other work in relation to the affected site as the owner of the affected site may require under paragraph (d);

before the person undertaking the development seeks access under paragraph (b), the person must give notice of the proposed work in accordance with the regulations; and

subject to paragraph (e), the owner of the affected land may require the person who gains access under paragraph (b) to undertake other work that the owner is authorised under the regulations to require; and

a person who is subject to a requirement to undertake work under paragraph (d) may apply to the Court for a determination of what proportion (if any) of the expense incurred by the person in the performance of the work should be borne by the owner of the affected site and the person may then recover an amount determined by the Court from the owner of the affected site as a debt in a court of competent jurisdiction.

Another person authorised by the person undertaking the development in accordance with the regulations may gain access on behalf of that person for the purposes of subsection (2)(b).

A person undertaking development who fails to comply with the requirement to give notice under subsection (2)(c) or a requirement under subsection (2)(d) is guilty of an offence.