LC – 2023 – 000322, 323, 332, 348 and 365 Lubbards Lodge (322) (Abbreviated Sandbach (348) Site Name) Blackwell Grange (365) Hexton (323) Ampthill (332)
DECISION
[41]In respect of the Second Preliminary Issue the Claimant is a “party to a Code agreement” for the purposes of references LC-2023-000332 (“Lubbards Lodge”), LC- 2023-000348 (“Sandbach”) and LC-2023-000365 (“Blackwell Grange”) made pursuant to Paragraph 33 of the Electronic Communications Code[42]In respect of the Third Preliminary Issue the Claimant has sufficient title to bring references LC-2023-000323 (“Hexton”) and LC-2023-000332 (“Ampthill”)[43]The Respondent’s applications to strike out references LC-2023-000332 (“Lubbards Lodge”), LC-2023-000348 (“Sandbach”), LC-2023-000365 (“Blackwell Grange”), LC- 2023-000323 (“Hexton”) and LC-2023-000332 (“Ampthill”) are refused.[44]The Respondent shall pay the Claimant’s costs of the Second and Third Preliminary Issues summarily assessed in the sum of £26,000 within 28 days of the date of this Decision. D Jackson Judge of the First-tier Tribunal Either party may appeal this Decision to the Upper Tribunal (Lands Chamber) but must first apply to the First-tier Tribunal for permission. Any application for permission must be in writing, stating grounds relied upon, and be received by the First-tier Tribunal no later than 28 days after the Tribunal sends its written reasons for the Decision to the party seeking permission. 11 APPENDIX The Properties Lubbards Lodge (322) – Land lying to the west of Burlington Gardens, Hullbridge, Hockley SS5 6BD Sandbach (348) – Meadowley and Fields Farm, 150A, 150B, Congleton Road, Sandbach CW11 4TE Blackwell Grange (365) – Telecommunications Site, Blackwell Grange Golf Course, Darlington DL3 8QL Hexton (323) – Land lying to the south of Mill Lane, Hexton, Hitchin SG5 3JH Ampthill (332) – Manor Farm, Millbrook Road, Houghton Conquest, Bedford MK45 3JL