It has been almost 18 months since the new Electronic
Communications Code changed the legal landscape for telecoms
operators and land owners. At its core, the Code is a framework for
operators to obtain rights to install their apparatus on private
land. The policy behind the Code is to improve our communications
infrastructure so that the public has access to a choice of high
quality telecoms networks. Once an operator has Code rights, they
can only be terminated on limited statutory grounds and it is often
a lengthy and complex process. However, land owners can oppose the
grant of Code rights if they intend to redevelop their land and
could not reasonably do so if Code rights were granted. The Upper
Tribunal (Lands Chamber), which is the judicial body tasked with
resolving disputes under the Code, has now released its first
decision on this issue.
