The ruling, delivered on February 20, sheds new light on how site providers can navigate the Electronic Communications Code (the Code) — particularly in relation to termination rights and redevelopment plans.
Legal experts Luke Maidens and Paul Sagar from the Real Estate Litigation team at Blacks Solicitors have analysed the 98-page judgement, identifying several key points.
“This decision reinforces the complexity of terminating telecoms agreements under the Code,” said Paul Sagar.
“While the outcome was specific to the facts, it provides much-needed clarity around ongoing breaches, redevelopment definitions, and the importance of planning documents.”
One of the headline issues was whether a single breach of an agreement could trigger termination. The Tribunal held that ongoing breaches — such as unauthorised sharing — could justify termination, but left the question of “once-and-for-all” breaches unresolved.
“There’s still uncertainty around isolated violations,” noted Maidens. “But what’s clear is that site providers must act strategically, especially when planning permissions come into play.”
Other findings included the interpretation of "neighbouring land", where the Tribunal emphasised that mere proximity is not enough — a functional link to redevelopment is required. Additionally, the ruling clarified that demolition alone does not equate to redevelopment, unless new structures or use cases follow.
The Tribunal also stressed that timing is critical, with site providers needing to show that redevelopment will begin within a reasonable period after termination — though what qualifies as "reasonable" remains case-specific.
Importantly, the decision reaffirmed that compensation is available for losses incurred due to telecoms occupation, including lost profits and neighbouring site devaluation.
“This case shows that intention, timing, and commercial rationale are all under the microscope,” said Maidens. “Landowners should take legal advice early when navigating Code terminations.”
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