[2025] UKUT 280 (LC)

Case No: LC-2024-739

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

Ref: LC-2023-321 and 11 others

Royal Courts of Justice, Strand, London, WC2A 2LL

27 August 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

ELECTRONIC COMMUNICATIONS CODE – CODE RIGHTS – the right to share electronic communications equipment, the site, and rights – the effect of the amendments to paragraph 3 of the Code effected by the Product Security and Telecommunications Infrastructure Act 2022 – wayleaves and conduits – whether an operator should be prevented from objecting to planning applications made by the site provider

BETWEEN:

ON TOWER UK LIMITED

Appellant

-and-

AP WIRELESS II (UK) LIMITED

Respondent

Telecommunications sites at Ewefields Farm,

and elsewhere

Upper Tribunal Judge Elizabeth Cooke

29-30 July 2025

Mr Kester Lees KC and Ms Imogen Dodds for the appellant, instructed by Gowling WLG (UK) LLP

Mr Wayne Clark KC and Ms Fern Schofield for the respondent, instructed by Eversheds Sutherland (International) LLP and Freeths LLP

© CROWN COPYRIGHT 2025

The following cases were referred to in this decision:

Cornerstone Telecommunications Infrastructure Limited v London and Quadrant Housing Trust [2020] UKUT 282 (LC)

EE v Stephenson [2022] UKUT 180 (LC) (“Pendown”)

On Tower UK Limited v JH and FW Green Limited [2020] UKUT 348 (LC) (“Dale Park”)

On Tower UK Limited v AP Wireless II (UK) Limited [2022] UKUT 152 (LC) (“Audley House”)