Jonathan Upton has successfully obtained an access order under the Access to Neighbouring Land Act 1992.  The developer requires access over the adjacent land to demolish and rebuild part of an external elevation for the purposes of redeveloping of a derelict textile mill into a block of luxury flats. 

The issues included whether the proposed works were “preservation works”; the proper interpretation of “maintenance, repair and renewal” in s.1(4)(a); whether the proposed alterations and improvements were “incidental” to the preservation works for the purposes of s.1(5) and how the consideration (or licence fee) should be assessed.  

A link to the judgment can be found here.