A STATUTORY NOTICE SHOULD BE FIXED TO EVERY MAST WITHIN 3 DAYS OF ITS INSTALLATION (according to Paragraph 75(2) of Part 11 of Schedule 3A of the Communications Act 2003) and notifying you of your: RIGHT TO OBJECT
1. You will have a right to object to the Apparatus under paragraph 77 of the Code (Communications Act 2003) if BOTH:
a. you are an occupier of, or have an interest in, any land neighbouring the land on or over which the Apparatus is kept;
AND
b. because of the nearness of that neighbouring land to the land on or over which the Apparatus is kept:
i. the enjoyment of that neighbouring land is capable of being prejudiced by the Apparatus; or
ii. any interest in that land is capable of being prejudiced by the Apparatus.
2. You will not however have a right to object, even if the criteria referred to at paragraph 3 above are satisfied, if the Apparatus:
a. replaces any electronic communications apparatus which is not substantially different from the Apparatus; and
b. is not in a significantly different position.
3. If you have a right to object to the Apparatus, you may exercise that right by giving us notice of your objection under paragraph 78 of the Code (Communications Act 2003). Any such notice should be provided in writing to:
[Insert appropriate UK telecom postal address]
Any notice of objection should be provided as soon as practicable. Please note that your right to object, and the procedure that applies to that right, will depend on whether you provide notice of your objection within 12 months of installation of the Apparatus, or after. The circumstances in which a court may uphold an objection are significantly more limited if the Apparatus has been installed for over 12 months.[1]
[1] See paragraphs 79 and 80 of the Code (Communications Act 2003) for more detail on your right to object and the procedure that will apply in respect of it.
