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Telecoms Operators Get Tougher on Masts

The general pessimism within the
telecommunications sector of the utility industry has been evident over the last few years, leading to a downturn in the number of newly-identified and acquired sites and in the rental market.

This is in spite of the fact that mobile phones and health issues relating to mobile phones have undergone major reviews. The National Radiological Protection Board has recently published a major document on mobile phones and health. The review updates an earlier report published in 2000 by the UK Independent Expert Group on Mobile Phones and Health. The main conclusion is that there is still no hard evidence that the health of the public in general is being adversely affected by the use of mobile phone technology but a continued precautionary approach to their use is recommended.

For those proposed new sites, in rural areas, the hoops through which operators have to jump to obtain planning consent continue to increase in number and are taking longer to achieve, therefore ensuring only certain sites rather than a range of sites would be sought after. Ease and length of any access to the site and ability to lay electricity and telecommunications cables will remain as main factors. Rentals generally range from £3,000 to £5,000 per annum per site, dependent on various factors such as equipment rights, and operators are very reluctant, if not completely averse to agreeing rentals over the £5,000 per annum figure. Injurious affection compensation is not considered at all by operators, which is not surprising, given that most areas that are allocated to an operator for a mast, amount to around 120 to 200 square metres. Therefore landowners are achieving a rental of up to £42/m2 per year, which could not be achieved from any other industries renting such areas.

It is often easier to obtain planning consent on urban sites and they are more attractive to operators, especially roof-top sites where no tower construction is necessary.

 

There are a wide range of rentals for such sites, dependent on factors such as equipment rights, whether free-standing structures or rooftops and, of course, location. Rentals range from £4,000 to £8,000+ (for major cities) per annum per site.

Given that there is little room for optimism within the industry at the moment operators are taking a more aggressive role in the review of rentals. Landowners are rarely represented by agents, mostly due to the fact that it is the landowners in nearly all cases that bear the agents’ costs for rent reviews. If the reviews are based solely on the Open Market Value, a “nil” increase is usually sought and if based on the higher of the Retail Price Index and the Open Market Value, an increase in accordance with the Retail Price Index is often agreed. If landowners are seeking an increase in rental value at a rent review on the Open Market basis, it will be necessary for them to provide a number of comparables with the same equipment rights, lease terms etc, and this often proves difficult.

As the number of newly proposed sites required by the telecoms companies is at an all time low, landowners must be cautious not to be too demanding with operators, if they are keen for a site to be located on their property. This is particularly so given that once one mast is built, it often attracts other operators to a site with the benefit of planning permission in order to “site share” which can lead to additional rental income on the same site.



Claire Priestner MRICS FAAV
Director

 
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