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Introduction
Introduction
This is an appeal from the decision of the First-tier Tribunal in a reference under Schedule 3A to the Communications Act 2003, known as the Electronic Communications Code (“the Code”). The FTT’s decision was about the terms of leases to be granted to the appellant, On Tower UK Limited, of sites owned by the respondent AP Wireless II (UK) Limited, pursuant to paragraph 34 of the Code.
The appellant was represented in the appeal by Mr Kester Lees KC and Ms Imogen Dodds, the respondent by Mr Wayne Clark KC and Ms Fern Schofield; I am grateful to them all.
- 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