CTIL v University of London [2018] UKUT 356 (LC) concerned an application for a limited right to access roof space of a building in order to carry out a survey to establish whether the site was suitable to host electronic communications apparatus.  Access had been refused on the grounds that there was no basis under the Code for asking it.  

The decision establishes two main points:-

1. Access for a survey is an aspect of paragraph 3 Code Rights and may be sought by an operator under Part IV in the event it is not possible to agree with a landowner.

2. Paragraph 26 rights can in principle be applied for without the need for there to be a paragraph 20 application on foot at the same time.  

The decision contains a useful discussion of the New code which is affecting landowners all over the country at present.