[2025] UKUT 43 (LC)

Case No: LC-2024-147

IN THE MATTER OF A NOTICE OF APPEAL

18 December 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

ELECTRONIC COMMUNICATIONS CODE – Jurisdiction – Paragraph 33(1) of the Code – Meaning of “an operator … who is a party to a code agreement” – whether assignee of the benefit of a licence which is a subsisting code agreement is such a party – whether assignee must first have covenanted with the site provider to perform the licence obligations

ELECTRONIC COMMUNICATIONS CODE – Paragraph 33(1) of the Code – Meaning of “an operator … who is a party to a code agreement” – purported assignment of lease of site – whether assignee discharged burden of proving title to lease

APPEAL AGAINST A DECISION OF THE PROPERTY CHAMBER OF THE FIRST-TIER TRIBUNAL

BETWEEN:

AP WIRELESS II (UK) LIMITED

Appellant

-and-

ON TOWER UK LIMITED

Respondent

Lubbards Lodge (322), land lying to the west of Burlington Gardens,

Hullbridge, Hockley, SS5 6BD

Sandbach (348), Meadowley and Fields Farm,

150A and 150B Congleton Road, Sandbach, CW11 4TE

Blackwell Grange (365), telecommunications site, Blackwell Grange Golf Course,

Darlington, DL3 8QL

Ampthill (332), Manor Farm, Millbrook Road, Houghton Conquest, Bedford, MK45 3JL

Mr Justice Fancourt

Written submissions received: 17 January 2025

Decision date: 6 February 2025

Mr Toby Watkin KC and Mr Wayne Clark for the appellant

Mr Kester Lees KC for the respondent

© CROWN COPYRIGHT 2024