The following Planning Q&A provides comprehensive and up to date legal information covering:
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).
In the event that a paragraph 20 notice is served by Landowner B and the operator served a counter-notice in response, Landowner B would have to apply to court for an order for the alteration, in respect of which the court must make the order for alteration only if, having regard to all of the circumstances and to the principle that no person should unreasonably be denied access to an electronic communications network, it is satisfied that the alteration:
is necessary for landowner B to carry out their development
will not substantially interfere with any service which is or is likely to be provided using the operator’s network
Furthermore, if the alteration would require removal onto another landowner’s site, the
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