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

The Vodafone Site is, as we have identified, located in a field at Steppes Hill Farm (also referred to as Steps Hill Farm) to the south west of Stockbury. The Vodafone Site is adjacent to the southern perimeter of this field (“the Field”), close to woodland known as Steps Hill Wood (also known as Stockbury Hill Wood). Steps Hill Wood is designated as ancient woodland and as a local nature reserve. The Vodafone Site and the surrounding land lie within the Kent Downs National Landscape. National Landscape is the new form of designation for an area of land which would previously have been referred to by its designation as an Area of Outstanding Natural Beauty (“AONB”).

Access to the Vodafone Site is obtained from South Street Road, to the north of the Field, around the perimeter of the Field. The Vodafone Site itself comprises a relatively small area, of approximately 40 square metres and roughly rectangular in shape, enclosed by a wooden fence. Internal access is obtained through a gate or door in the wooden fence, which is kept padlocked.

In terms of ECA on the Vodafone Site, there is currently situated a 15m high monopole (a mast comprising a single pole), three antennas and a microwave dish, with related ground-level infrastructure. We will refer to the mast itself as “the Vodafone Mast”. The Active ECA on the Vodafone Site is owned by Telefonica (trading as Virgin Media O2 or VMO2 pursuant to its joint venture with Virgin Media), and is used by Telefonica and Vodafone.

So far as the freehold title to the Vodafone Site is concerned, the position is as follows. The Vodafone Site originally formed part of a larger area of land at Steppes Hill Farm, owned by William Buck and Patricia Buck. By a transfer dated 25^th September 2018, the Bucks transferred the freehold title to the Vodafone Site and to two other mobile communications sites, also located in the Field, to APW. The freehold title to the three sites, including the Vodafone Site, was and remains registered under title number TT87683. By a transfer dated 18^th May 2023 APW transferred to the freehold title to Icon. It is therefore now Icon which is, effectively, the active Respondent in the Renewal Proceedings and the Termination Proceedings.