- Tribunal confirms that ongoing breaches can justify ending telecoms agreements, but single violations remain uncertain
- Landowners must show detailed, timely redevelopment plans to succeed under the Electronic Communications Code
What happened: Tribunal clarifies termination conditions under the code
A recent tribunal decision in Vodafone Ltd v Icon Tower Infrastructure Ltd & AP Wireless (II) UK Ltd, delivered on 20 February 2025, has clarified key points for landowners seeking to remove telecoms equipment under the Electronic Communications Code (the Code). The tribunal ruled that ongoing breaches of an agreement, such as unauthorised sharing, can justify termination. However, it left open the question of whether a single, one-off breach is sufficient to end a telecoms agreement.
The judgment also clarified the meaning of “redevelopment”. It found that demolition alone is insufficient; landowners must present clear plans for new structures or uses and show that redevelopment will begin within a reasonable period after termination. What qualifies as “reasonable” remains case-specific. The tribunal further explained that “neighbouring land” must have a functional connection to the proposed redevelopment to be considered relevant.
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Why it’s important
This ruling is crucial for landowners, as it clarifies that ongoing breaches, such as unauthorised sharing, can justify the termination of telecoms agreements. However, the uncertainty remains around whether a single breach is enough to trigger termination, which means landowners must carefully assess violations before acting.
The decision also underscores the importance of having clear redevelopment plans. Demolition alone is insufficient; landowners must show concrete plans for new development with a reasonable timeline. The ruling highlights the need for legal advice and strategic planning when considering telecoms site terminations.
