[2024] UKUT 216 (LC)

The Site is in a rural location, approximately 450m north of Chalfont St Giles, within an area designated as green belt and an Area of Outstanding Natural Beauty. It comprises a fenced compound of 96 m sq (16m x 6m), located at the northern boundary of a grass field, adjacent to an area of woodland.

The original lease plans show the access to the site at the northern boundary of the field, taken from a hard surface private road which leads on to several residential properties. That access point is over 300m from the public highway. In practice that access is no longer in general use as the installation of an electronic gate across the private road, closer to the highway, has created difficulties for contractors seeking entry to the Site. In October 2021, the freeholder arranged for an alternative access route, from a point on the private road which is only 123m from the highway; this de facto route involves passing through a padlocked gate into a stable yard and then onwards across the length of the field, in which horses graze, to the Site. Access is usually taken on foot or with a four-wheel-drive vehicle. APW’s records show that in 2023 access requests were made 33 times.

The Site has three phase power and two separate fibre connections. The equipment on site is a 20 m high lattice steel mast, standing on concrete, to which are fixed a number of antennae and microwave dishes. At ground level several cabins house electricity and telecommunications apparatus. The Site is used for electronic communications networks operated by EE/H3G and Vodafone; Virgin Media O2 also have a presence.