Electronic Communications Code: Is it working? - Compulsory Purchase Association

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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?

3rd June 2019
CBRE Ltd, London
Note: All prices are subject to VAT at the prevailing rate

Event duration: Half Day Event (3 hrs CPD)
Registration from: 13.30. Event starts at: 14.00. Event finishes at: 17.30.

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 exam current problems with the Code, and to provide some answers.

The conference will examine three core themes:
  1. The rules by which site providers can have apparatus removed to enable development to proceed;
  2. The procedures leading to and in the Upper Tribunal (Lands Chamber); and
  3. What does ‘Consideration’ actually mean, and how should surveyors carry out the required open market valuation.

14.00    Introduction: Barry Denyer-Green, Past Chairman, Board Member, Hon Member of The Compulsory Purchase Association.
14.05    Review of the latest cases on the new Code: Toby Boncey
14.30    The Code and procedure in the Upper Tribunal (Lands Chamber): Oliver Radley-Gardner
15.00    Consideration and compensation, meaning and Tribunal guidance: Wayne Clark
15.30    Refreshments
16.00    Valuation Discussion: under the chairmanship of Barry Denyer-Green

Panel:  Kate Russell, Jeremy Moody, James Dewey, Tony Chase

Who will discuss the issues of consideration and of compensation under the Code, in particular, but not limited to:
  1. In the particular valuer’s respective areas of valuation expertise, is the “the market value of the relevant persons’ agreement to confer or be bound by the code right” a valuation hypothesis capable of being given effect to?
  2. What is the effect of the assumption that the hypothetical transaction does not relate to the provision or use of electronic communications network?  
  3. Does one have to assume that an hypothetical transaction will take place?      
  4. How should effect be given to the assumptions of a “willing seller” and a “willing buyer”?  
  5. What evidence should a valuer rely on?    
  6. If there are no buyers in the hypothetical market, does that mean that the value to be ascertained is nominal?
  7. Subject to the basis for the assessment of consideration, what can a claim for compensation under Code paras 25 and 84 include?
  8. Subject to the basis for the assessment of consideration, what can a claim for injurious affection under Code para 85 include?

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