Telecoms masts are increasingly becoming a barrier to redevelopment or urgent building works – and the legal framework for removing them is tightening, Henry Russell at law firm Clarke Willmott has warned.
Russell, an associate in the property litigation team, said a recent decision from the Upper Tribunal, a superior court of record, has shifted the goalposts for landowners with masts on their property, in terms of what qualifies as a valid reason for removal under the Electronic Communications Code.
The Vodafone v Icon Tower ruling makes it harder for landowners or infrastructure providers to remove telecoms masts without well-documented, imminent redevelopment plans. Demolition alone no longer counts as redevelopment under the ruling.
Russell said: “It’s hard to justify a situation where a landowner needs to demolish a building, say, for safety reasons, but can’t do so just because there’s telecoms equipment on the roof and no immediate rebuild planned.
“Some might suggest landowners rely on the ‘prejudice’ ground instead, which applies when continuing the agreement would seriously harm the landowner’s interests.
“However, the tribunal has set the bar incredibly high, recognising the significant public benefit of telecoms services. As a result, proving sufficient prejudice is challenging and may not provide a straightforward path to removal.”
In Vodafone v Icon Tower, the latter tried to use the “redevelopment” ground to force operators off existing masts onto a new one nearby.
The tribunal rejected this, ruling redevelopment requires both demolition and replacement with something new.
Russell added: “The tribunal’s approach departs from established Landlord and Tenant Act 1954 principles, under which demolition alone can justify ending a tenancy. Here, ‘redevelopment’ now appears to require both demolition and rebuilding.
“A landowner needing to demolish for safety reasons, but with no firm rebuild plan, may find themselves stuck; the ‘prejudice’ ground offers little comfort, given the exceptionally high bar now set.”
Russell said telecoms disputes are rarely straightforward and urges landowners to seek specialist legal advice early on.
An appeal has been lodged in the Vodafone v Icon Tower case, with a hearing expected by March 2026.