LC-2023-000734 - [2025] UKUT 00058 (LC)

As we have explained, the registered freehold title to the Vodafone Site, now vested in Icon, includes two other mobile communications sites, located in the same field as the Vodafone Site; that is to say the Field.

The first of these two additional sites (“the MBNL Site”) is also located on the southern perimeter of the Field, close to Steps Hill Wood and approximately 85 metres to the west of the Vodafone Site. The MBNL Site is similar in size and shape to the Vodafone Site and is enclosed by a wooden post and rail fence. In terms of ECA on the MBNL Site, there is a 15 metre monopole (“the MBNL Mast”), three antennas and a microwave dish, and related ground-level equipment. The MBNL Site is managed by Mobile Broadband Network Limited (“MBNL”). The MBNL Site is subject to a code agreement dated 24^th September 2002, which was originally made with Hutchison 3G UK Limited. We understand MBNL to be a joint venture company which manages sites, including the MBNL Site for the mobile communications operators trading as H3G and EE.

The second of these two additional sites (“the Orange Site”) is located at the south-western corner of the Field, also close to Steps Hill Wood, and approximately 75 metres to the west of the MBNL Site. The Orange Site is therefore approximately 160 metres distant from the Vodafone Site.

The Orange Site previously housed a mobile communications mast used by Orange. This was however decommissioned and removed at some point, it is believed, between 2015 and 2018. Icon has now constructed on the Orange Site a new 25 metre lattice tower; identified in the evidence as a Swann 5SH tower. This tower (“the New Tower”) has a single circular head frame at a height to match the top of the structure. The New Tower has been constructed on a large reinforced concrete raft foundation within a fenced and gravelled compound. As matters stand, no Active ECA has been installed on the New Tower.

We will use the collective expression “the Masts” to refer to the Vodafone Mast and the MBNL Mast, and the collective expression “the Steps Hill Sites” to refer to the Vodafone Site, the MBNL Site and the Orange Site.

While it is convenient to refer to the Vodafone Site, in order to distinguish it from the other Steps Hill Sites, we should make it clear, for the avoidance of doubt, that this expression is used for the sake of convenience only, and carries no implications for the issues which we have to determine concerning the Vodafone Site and its use and control. So far as this is a relevant consideration, the same applies to our use of the expressions the MBNL Site and the Orange Site.

For the assistance of those reading this decision we include, at this point, a plan showing the location of the Steps Hill Sites.