The Estates Office is currently in negotiations with several mobile telephone operators in respect of new telephone masts that are proposed throughout the county.

The Electronic Communications Code which came into force in December 2017 will have a huge impact upon the future of farms and estates throughout the county and also their future income.

Pre the Code, which was introduced by the Westminster Government, the Telecom operators had some statutory powers, but these were limited. The new code gives the commercial telecoms operators powers akin to those of the utility companies, which they seem to be using in a draconian manner.

Compensation & Rent

The previous method of calculating the compensation payments and the rent was by reference to comparable evidence.  The new regime brought in the concept of “no network” method of calculating the rental payable by the commercial operators.

The method of calculation is the rental value of the land occupied by the aerial and its compound, ignoring that it may be a key link in the telecommunications network.

The effect of this change in the legislation has meant that rents initially being offered are at 1/20th of those previously prevailing in the market and compensation payments are at a similarly derisory sum.

Our advice

Based on this, landowners should be extremely wary of the Telecom Companies and their agents who often seek access to the ground without fully explaining the purpose of their visit.

Our advice to landowners is that if they are approached by any individual for whatever reason, they obtain in writing, prior to the visit, the full purpose and intention of the visit and take professional advice before giving their consent.

Here to help

The Estates Office manage and act for many landowners throughout Argyll. If you are an existing client or an Argyll landowner seeking advice on dealing with telecoms companies and mast sitings, we would be happy to provide advice. Please do not hesitate to get in touch.

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