New Valuation Case under the Code: On Tower UK Ltd v JH and FW Green Limited [2020] UKUT 0348 (LC)
The Upper Tribunal (Lands Chamber) has decided the first case under the Electronic Communications Code concerning a valuation of a rural greenfield site. The site was located on an estate comprising residential and agricultural buildings. The Claimant was holding over and sought a renewal under Part 5 of the Code. The Upper Tribunal had to consider:
1. Whether equipment rights and sharing rights ought to be limited to the paragraph 17 test under the Code. The Tribunal decided that in the context of the rural setting the rights ought not to be limited, and unlimited rights were imposed. The interests of the site provider were adequately protected by the other terms of the agreement.
2. Applying paragraph 24, the annual rent for this site was £1,200, which reflected the proximity of residential buildings. Without them it would have been £750.
Oliver Radley-Gardner appeared for the Claimant.
Kirk Reynolds QC and Fern Schofield appeared for the Defendant.
Judgment is here.
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