The cases in question involved two fully operational mobile mast sites managed by Cornerstone under longstanding agreements.
When these agreements expired, the telecoms giant and Cornerstone sought to renew them on fair and modern terms to maintain uninterrupted service.
However, AP Wireless (APW) and its successor, Icon, opposed the renewal. Its opposition was not driven by a legitimate need for redevelopment but rather an attempt to remove the existing infrastructure and force mobile operators onto their facilities.
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The Upper Tribunal and County Court firmly rejected these attempts, ruling that landlords cannot use redevelopment claims as a pretext to displace established infrastructure providers unless they present a clear, actionable and credible redevelopment plan.
This decision ensures that mobile network operators are not unfairly pressured into moving their infrastructure without valid cause, the telecoms giant stated.
Meanwhile, Vodafone and Cornerstone have welcomed the decisions as victories for the industry and the public, emphasising the importance of legal clarity in maintaining robust mobile connectivity.
Vodafone UK general counsel and company secretary, Andrew Yorston, said: “We are pleased with the judgments, which provide much-needed legal clarity and set important precedents for the mobile industry.
“Vodafone has always maintained that our position was the right one, and these rulings reaffirm the principles of fairness and sustainability in mobile infrastructure deployment. By ensuring that site access remains reasonable and does not impose excessive costs, these decisions support our ability to continue investing in and expanding our network, delivering critical connectivity for customers and businesses across the UK.”
Cornerstone director of property and estates and general counsel, Belinda Fawcett, added: “These rulings are a significant win for fair and transparent site management across the telecoms industry. They confirm that site providers cannot misuse redevelopment arguments to force unnecessary site removals, disrupting fully operational infrastructure without a valid reason.
“At Cornerstone, we are proud to play a vital role in enabling mobile networks that connect people and businesses. These decisions provide much-needed legal clarity, ensuring infrastructure providers like Cornerstone can continue working with operators and landlords to deliver reliable, future-proofed mobile coverage across the UK. The rulings assure us that our rights are secure, enabling the further investment that is urgently required across the network.”
Meanwhile a spokesperson for APWireless said: “Changes made to the Electronic Communications Code in 2017 have significantly devalued land used for housing telecommunications infrastructure.
"This has dramatically reduced the rents payable to landowners, including schools, hospitals, and farmers, creating a wave of litigation which is acting as a barrier to investment in the UK’s 5G rollout. That barrier is further compounded by the lack of infrastructure providers in the market able to provide both operators and landlords a choice of supplier."
“Whilst we were partially unsuccessful in this judgement, we disagree with Vodafone’s characterisation of the decision. The Tribunal made it clear that landowners retain the right to remove an existing mast and replace it with a new one. This ruling maintains an important balance between infrastructure providers’ rights and landowners’ ability to manage their property.”
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