Electronic Communications Code – Rights of neighbouring landowner to require removal of apparatus from route of proposed access route

Evolution (Shinfield) LLP and Others v British Telecommunications plc [2019] UKUT 127 (LC) (Mr Martin Rodger QC, Deputy Chamber President and Mr P McCrea FRICS (15 April 2019)

This is of another of our Code cases. The issue was whether a neighbouring landowner could compel an operator to meet the cost of the removal of apparatus. The case turned on paragraph 38 of the new Code.