Statutory standing for Code agreement renewals (On Tower v AP Wireless)
Property Disputes analysis: The Court of Appeal held that an operator does not need to be the original contracting party to a Code agreement to seek renewal rights under Part 5 of the Electronic Communications Code (the Code). It is sufficient for the operator to hold the benefit of the agreement. In other words, statutory renewal rights follow the practical enjoyment of Code rights, not the identity of the original signatories. This judgment clarifies who has standing to bring renewal proceedings under the Code and removes uncertainty about whether assignees and transferees can rely on Part 5 protections. The decision has clear practical importance: it confirms that Code rights can be safely transferred through assignments and corporate structures without losing statutory renewal protection. The ruling directly affects how telecoms operators, infrastructure investors, and landowners structure transactions, assess risk, and plan renewal strategy under the Code. Written by Katie Briggs, principal associate at Browne Jacobson LLP.