5Access orders

5 Access orders

(1)  Where a person –

(a) requires entry to land, other than a highway, for the purpose of carrying out work on other land; and

(b) the land on which he or she requires entry is adjoining or adjacent to the land in respect of which he or she wishes to carry out the work; and

(c) he or she does not have the agreement of another person whose agreement to the entry is required –

the first-mentioned person may apply to the court for an order authorizing access to the subject land on such occasions and during such period as may be specified in the order.

(2)  The court may make an access order if it is satisfied that –

(a) the work for which entry is sought is reasonably necessary for the preservation of the land in respect of which the work is to be carried out; and

(b) the work cannot be carried out or would be substantially more difficult or expensive to carry out without entry to the land in respect of which entry is sought –

but the court must refuse to make an access order if it is satisfied that, notwithstanding any requirement of this Act or any term or condition that may be imposed under the access order, the entry would cause unreasonable hardship to any person affected by the order.

(3)  The work for which an access order may be made includes –

(a) carrying out work of repair, maintenance, improvement, decoration, alteration, adjustment, renewal or demolition of buildings and other structures; and

(b) inspection for the purposes of ascertaining whether any such work is required; and

(c) making plans in connection with any such work; and

(d) ascertaining the course of drains, sewers, pipes or cables and renewing, repairing or clearing them; and

(e) ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted; and

(f) replacing any hedge, tree or shrub; and

(g) removing, felling, cutting back or treating any hedge, tree or shrub; and