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Land Tribunal Sends a Clear Message to Landowners & Telecoms Operators


In October 2018, the Tribunal concluded that the right to enter a building to undertake a non-intrusive survey to determine whether the roof of the building might provide a suitable site for electronic communications apparatus, was capable of being a Code right.

In October 2018, the Tribunal concluded that the right to enter a building to undertake a non-intrusive survey to determine whether the roof of the building might provide a suitable site for electronic communications apparatus, was capable of being a Code right.

On 7th June it published a rather damning judgement expressing disappointment that, six months later, an almost identical dispute between well-resourced and expertly advised parties had come before it.

The judgement was delivered “to emphasise the importance the Tribunal places on discouraging senseless disputes …, and to put down a marker that the conduct illustrated, over-reaching on one side and obstruction on the other, is disproportionate, inappropriate, and unacceptable.”

The judgement went on to say: “There are legitimate matters to argue about in such cases, and nothing in this decision is intended to discourage those from being raised, but whether a small number of surveyors is permitted to go on a rooftop for a few hours on two or three occasions to establish whether it is even suitable for the installation of apparatus ought not to be one of them”

Read the full case

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