Conclusions
Conclusion
The appeal succeeds and the deletion sought by the appellant from the sharing clause is made. But permission to cross-appeal on the grounds argued by the respondent is refused.
Upper Tribunal Judge Elizabeth Cooke
27 August 2025
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.
- Heading
- Introduction
- The background
- The parties
- These proceedings
- The provisions of Part 5 of the Code about new agreements
- Sharing terms in Code agreements
- The Compton Beauchamp point
- The 2022 amendments to the Code
- The disputed term about sharing and the FTT’s decision
- The appeal
- The evidence of the appellant’s business need to share the site and Rights
- Loss or damage to the respondent as a result of the wider sharing rights
- Conclusion on the Dale Park test
- The FTT’s decision: did it misunderstand the PSTI 2022?
- Conclusion on grounds 2, 3 and 5
- Grounds 1 and 4
- The cross-appeal
- The clauses about wayleaves and conduits
- The right to object to planning applications
- Conclusions
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