Decision details
Decision Maker: Corporate Director Planning, Growth and Sustainability
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
To agree the proposed terms for new Agreement
under the Telecoms Code and instruct in-house Legal Services to
complete the Lease.
Reasons for the decision:
We propose to re-let the land to Cornerstone
Telecommunications Infrastructure Limited (formerly O2 / Telefonica
(the current Tenant). The tenant has rights
under Paragraph 33 of the Electronic Communications Code 2017 for a
new Agreement and
the Council no current grounds for refusal.
Alternative options considered:
This agreement has expired and therefore
if the Council do not take any action risk is increased of unlawful
occupation of the land.
An alternative option would be to not renew agreements with
existing occupiers and consider
using the land for an alternative use. Whilst achieving a rent in
excess of the agreed terms is
possible, this would be significantly outweighed by the
professional costs in obtaining vacant
possession of the mast site from the Operator.
The Operator could also begin proceedings under Paragraph 33 of the
Electronic
Communications Code 2017 for a new Agreement to be determined by
the Lands Tribunal on
terms that are less beneficial to the Council than
proposed.
Wards Affected: Denham;
Details of any conflict of interest declared: There are no known conflicts of interest.
Contact: John Reed, Director of Property & Assets Email: John.Reed@buckinghamshire.gov.uk.
Publication date: 29/11/2022
Date of decision: 29/11/2022