Georgina Muskett writes for Property Week on property development and telecoms operators
Property developers are likely to be aware that dealing with telecoms equipment on a site can be tricky given the protections given to code operators under the Electronic Communications Code (ECC).
Unlike under the Landlord and Tenant Act 1954, the only real way of resisting a code operator installing apparatus, or getting one to remove its equipment, is where the landowner can establish that it intends to redevelop all or part of the land and could not reasonably do so with apparatus on site.
Georgina Muskett, Senior Associate in our Real Estate Disputes team, explores this topic in an article for Property Week.
In the piece, she explains that when it comes to removing apparatus or preventing operators from coming on to land, it will be necessary to satisfy the tribunal at the date of the hearing that there is both a reasonable prospect of being able to carry out the redevelopment and a firm, settled and unconditional intention to do so.
She goes on to look at two recent legal cases that provide useful examples for navigating these situations - EE and Hutchison 3G UK vs AP Wireless II (UK) and Cornerstone Telecommunications Infrastructure vs the Chartered Institute of Personnel and Development.
Read the full article in Property Week here.
