“Telecoms operators will be able to access land for equipment installation even
when full agreement with landlords has not been reached under Law Commission
proposals published today to revise the laws governing the installation and
maintenance of telecoms equipment.”
OUT-LAW.com, 28th February 2013
Source: www.out-law.com
As this law is complex, and will become even more so, removal to an administrative tribunnal could prove a disadvantage to legal clarity and the rule of law, particularly in view of the limited right of appeal against tribunal decisions.
If the market value cannot be agreed, who pays for the removal, delivery storage et al of the equipment? And when will it be decided that an agreement has been reached in principle with the landowner, and does notice have to then be given before equipment placed on land? Surely this statutory allowance will present landowners with a fate comple,compromising the market value they have to be paid.