What was the case about? Having lost a site close to Paddington Station, London and seeing a nearby site at St Mary’s Hospital struggling to cope with the extra demand for services, Cornerstone needed a new site near Paddington Station. We approached the University of London for permission to carry out an MSV at Lillian Penson Hall (a student accommodation building), however, access was refused as the University didn’t want apparatus to be installed on its land. Unable to secure a consensual agreement, the case went to tribunal. In October 2018, the Upper Tribunal decided that the right to survey a site was a Code Right. However, the UoL appealed that decision, but we gained further clarity on the case in December 2019, as the Court of Appeal upheld the Upper Tribunal’s decision.
We appreciate that the ECC is a new law that still requires further understanding within our landlord community. At Cornerstone, we are always open to discussion and encourage our landlords to speak to us regarding any site matters.
Visit our media hub to find out more about the Electronic Communications Code.