Landowners and occupier may be approached by a telecoms company requesting a site for their apparatus. At this stage it is wise to seek professional advice to ensure the landowner's interests are protected in any negotiations.
Telecoms companies require mast sites to provide network coverage to an area or to account for new developments in technology, for example '3G'. In most cases agreement is sought with a landowner and a lease is entered into to provide a suitable site. However, landowners should be aware of the power telecoms companies have if agreement isn't forthcoming.
Under the Telecommunications Act 1984 (The Telecoms Code), as amended,Telecoms companies have the power to request consent from landowners/occupiers to occupy their land. If this consent is refused, the company is able to apply for a Court Order to gain consent. However, this option is rarely used as often a neighbouring landowner will provide an equally acceptable site and will benefit from the rental payments.
In some situations and where a site is required for the purposes of the network the company has the ability to apply for a Compulsory Purchase Order. In these cases CPO procedures will apply.
Kirkby & Diamond Chartered Surveyors has considerable experience in this area. Accordingly, the firm is well placed to act on behalf of the landowners and occupiers. Kirkby & Diamond will negotiate the best deal for the individual situation; this will include rental level, rent review provisions and any site specific criteria. In addition the firm will pay careful consideration to the onsite construction works required and will ensure that any damage or disturbance is compensated for.