Telecoms masts are more and more turning into a barrier to redevelopment or pressing constructing works – and the authorized framework for eradicating them is tightening, Henry Russell at regulation agency Clarke Willmott has warned.
Russell, an affiliate within the property litigation crew, stated a latest resolution from the Higher Tribunal, a superior court docket of file, has shifted the goalposts for landowners with masts on their property, by way of what qualifies as a legitimate cause for removing below the Digital Communications Code.
The Vodafone v Icon Tower ruling makes it more durable for landowners or infrastructure suppliers to take away telecoms masts with out well-documented, imminent redevelopment plans. Demolition alone not counts as redevelopment below the ruling.
Russell stated: “It’s laborious to justify a scenario the place a landowner must demolish a constructing, say, for security causes, however can’t achieve this simply because there’s telecoms tools on the roof and no quick rebuild deliberate.
“Some would possibly counsel landowners depend on the ‘prejudice’ floor as a substitute, which applies when persevering with the settlement would significantly hurt the landowner’s pursuits.
“Nonetheless, the tribunal has set the bar extremely excessive, recognising the numerous public advantage of telecoms providers. Consequently, proving ample prejudice is difficult and should not present an easy path to removing.”
In Vodafone v Icon Tower, the latter tried to make use of the “redevelopment” floor to pressure operators off current masts onto a brand new one close by.
The tribunal rejected this, ruling redevelopment requires each demolition and alternative with one thing new.
Russell added: “The tribunal’s method departs from established Landlord and Tenant Act 1954 rules, below which demolition alone can justify ending a tenancy. Right here, ‘redevelopment’ now seems to require each demolition and rebuilding.
“A landowner needing to demolish for security causes, however with no agency rebuild plan, could discover themselves caught; the ‘prejudice’ floor presents little consolation, given the exceptionally excessive bar now set.”
Russell stated telecoms disputes are hardly ever easy and urges landowners to hunt specialist authorized recommendation early on.
An enchantment has been lodged within the Vodafone v Icon Tower case, with a listening to anticipated by March 2026.
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