The Upper Tribunal (Lands Chamber) has today released the eagerly awaited decision on Cornerstone Telecommunications Infrastructure Limited (CTIL) v Compton Beauchamp Estates Limited (Compton).
This is a successful claim for the landowner who has resisted a claim by the operator for an agreement to be imposed on the owner of land under the New Code.
The key part of the decision can be summarised as follows:
- “relevant person” in paragraph 20 of the Electronic Communications Code (“the Code”) (which came into force on 28 December 2017) is required to be the occupier for the time being of the relevant land forming the subject matter of the operator’s notice; and
- The Tribunal has no jurisdiction to impose an agreement pursuant to paragraph 20 of the Code where the site owner is not in occupation notwithstanding the fact that the occupier’s occupation is precarious.
This decision is welcome news for landowners. It will have significant consequences for landowners including those with cases on a similar basis currently in the Tribunal.
A full copy of the decision can be found here.
It is obvious from the nature of Code rights themselves why they may only be conferred by an occupier.http://landschamber.decisions.tribunals.gov.uk//judgmentfiles/j1484/TCR-64-2018_.pdf