Electronic Communications Code: Is it working?
The Electronic Communications Code contains powers for taking rights over land for the purposes of delivering telecommunications. The first decisions of the Upper Tribunal (Lands Chamber) on applications for code rights, procedure, consideration and compensation, are significant. How can a site provider get apparatus removed? What is the measure of the ‘consideration’ payable for a code right, and what can be claimed as compensation? The Code has been in operation since December 2017. Is it working? And if not, what can be done?
|3 June 2019||CBRE Ltd - Henrietta House, London||£130||BOOK|
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The Compulsory Purchase Association and CPT Events thank CBRE for the use of their facilities
- Barry Denyer-Green Hon RICS LLM PhD, Barrister, Falcon Chambers
- Wayne Clark, Barrister, Falcon Chambers
- Oliver Radley-Gardner, Barrister, Falcon Chambers
- Toby Boncey, Barrister, Falcon Chambers
- Kate Russell BSc (Hons) MRICS FAAV, Technical and Policy Advisor, Central Association of Agricultural Valuers
- Jeremy Moody, Secretary and Adviser, Central Association of Agricultural Valuers
- James Dewey BSc MRICS, Director - Head of Compulsory Purchase & Compensation, Gateley Hamer
- Tony Chase FRICS, Partner, Head of Compensation, Gerald Eve LLP
The powers provided by the Electronic Communications Code have much in common with compulsory purchase, in that land and rights can be taken in order to provide compelling public benefits – namely a 21st century telephone and communication network.
In the absence of an industry wide body to bring the operators, landowners and their agents, the judiciary, and civil servants together, the Compulsory Purchase Association has stepped in to provide a forum for a frank and open discussion. It is as much a stakeholder event as it is a CPD event.
This conference, chaired by Barry Denyer-Green, past chairman of the CPA, and co-author of 'The Electronic Communications Code and Property Law: practice and procedure' book, brings together both lawyers and surveyors to examine current problems with the Code, and to provide some answers.
The conference will examine three core themes:
- The rules by which site providers can have apparatus removed to enable development to proceed;
- The procedures leading to and in the Upper Tribunal (Lands Chamber); and
- What does ‘Consideration’ actually mean, and how should surveyors carry out the required open market valuation.