Q&As

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B, A's neighbour, is planning to redevelop its land. The redevelopment will affect the operator's network both during and after construction. B has not served a paragraph 20 notice on the operator. What steps can the operator take to avoid interruption to its network? Can the operator claim its costs of relocation from B?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Planning expert
Published on: 27 July 2015
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Does Landowner B have to serve a paragraph 20 notice?

In the event that Landowner B needs the operator’s equipment to be physically moved from its location on Landowner A’s site, failing which it would create an obstacle to the development or would suffer physical damage as a result of the development, Landowner B will need to serve a paragraph 20 notice for alteration (ie removal or relocation) of the operator’s equipment. This is on the basis that paragraph 20 also covers persons with an interest in adjacent land who wish to redevelop ('improvement' includes redevelop for the purposes of the Code (Telecommunications Act 1984, Sch 2).

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Jurisdiction(s):
United Kingdom
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Key definition:
Agreement definition
What does Agreement mean?

Agreement is broadly defined under EU and UK competition law so as to include activities ranging from a legally enforceable contract between two or more parties to an informal albeit clear understanding, whether entered into in writing or verbally.

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