The calm before a litigation storm?

• The market for new sites appears to have ‘stagnated’.
• Landlords have made known their dislike of the changes introduced by the new code and the aggressive approach taken by some operators.
  

Mobile operators have been keen to test the boundaries of the new Electronic Communications Code—which governs the relationship between property owners and those who run communications networks through masts, cables, etc—which came into force at the end of 2017. Most tribunal decisions so far make worrying reading for landowners, but we should all be concerned for our wider economy if the constant litigation battles between operators and landowners continue. So, how far-reaching are the rulings to date and why do these decisions matter for our society and economy? 

Can operators use the new code to insist on surveying private property?

Yes, according to the Upper Tribunal decision in Cornerstone Telecommunications Infrastructure Ltd v University of London [2018] UKUT 356