Telecoms masts are more and more changing into a barrier to redevelopment or pressing constructing works – and the authorized framework for eradicating them is tightening, Henry Russell at legislation agency Clarke Willmott has warned.
Russell, an affiliate within the property litigation crew, mentioned a latest determination from the Higher Tribunal, a superior court docket of document, has shifted the goalposts for landowners with masts on their property, when it comes to what qualifies as a legitimate cause for elimination underneath the Digital Communications Code.
The Vodafone v Icon Tower ruling makes it tougher for landowners or infrastructure suppliers to take away telecoms masts with out well-documented, imminent redevelopment plans. Demolition alone now not counts as redevelopment underneath the ruling.
Russell mentioned: “It’s exhausting to justify a state of affairs 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 instant rebuild deliberate.
“Some may counsel landowners depend on the ‘prejudice’ floor as an alternative, which applies when persevering with the settlement would severely hurt the landowner’s pursuits.
“Nevertheless, the tribunal has set the bar extremely excessive, recognising the numerous public good thing about telecoms providers. In consequence, proving enough prejudice is difficult and will not present a simple path to elimination.”
In Vodafone v Icon Tower, the latter tried to make use of the “redevelopment” floor to power 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 strategy departs from established Landlord and Tenant Act 1954 ideas, underneath 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 provides little consolation, given the exceptionally excessive bar now set.”
Russell mentioned telecoms disputes are not often simple and urges landowners to hunt specialist authorized recommendation early on.
An attraction has been lodged within the Vodafone v Icon Tower case, with a listening to anticipated by March 2026.
