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10 January 2008 / Alistair Craig
Issue: 7304 / Categories: Features , Public , Competition , Commercial
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Mast Rights

Alistair Craig considers the compulsory powers to acquire and retain mobile phone masts

 

Many owners who have entered licence agreements or contracted out tenancies for the siting of mobile phone masts and electronic communications equipment now find themselves unable to secure their removal by virtue of operators’ compulsory powers to acquire and retain sites.

 

Instead of providing a national transmission infrastructure, successive administrations encouraged a market-led approach for the rollout of mobile phone and electronic communication networks. By reference only to the speed of roll-out and the extent of networks, the market-led policy could be judged as remarkably successful. However, a different judgment could be reached when one considers the unnecessary duplication of costs, the proliferation of sites and apparatus, and the attendant concerns about the consequences for health, property values and aesthetics. It has been estimated that if a national grid network had been adopted, 80% of existing masts could be removed.

 

COMPULSORY PURCHASE

To facilitate the roll-out of networks, legislation enshrined the principle that

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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