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ARTICLE · 03 JUNE 2019

Removing Electronic Telecommunications Apparatus To Create New Access

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In Evolution (Shinfield) LLP v. British Telecommunications Plc [2019] UKUT 127 (LC) the Upper Tribunal (UT) considered whether or not paragraph 38 of the Electronic Communications Code (ECC)

United KingdomMedia, Telecoms, IT, Entertainment

In Evolution (Shinfield) LLP v. British Telecommunications Plc [2019] UKUT 127 (LC) the Upper Tribunal (UT) considered whether or not paragraph 38 of the Electronic Communications Code (ECC) could be used by a developer to require an operator, at the operator's own cost, to remove its electronic communications apparatus (ECA) from neighbouring land to enable construction of a new access route to the development site. The UT concluded that paragraph 38 could not be used in this way.

The case

The case concerned a site near Reading which had the benefit of a 2012 planning permission for 1,200 homes. As part of the development the developer needed to create a new access route onto the public highway across neighbouring land. Unfortunately, part of that proposed route was occupied by a cabinet containing ECA owned by an operator.

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