A recent judgment by Judge Cooke, a full transcript of which is still awaited, has ordered that EE Limited and Hutchison 3G Limited (the "Operators") must remove their apparatus from Broadfield Stadium, the home of Crawley Town FC.
This case is very fact specific as it mainly relates to the fact that the Operators failed to protect their lease renewal rights under the Landlord and Tenant Act 1954, so I do not think it signals a full turning of the tide in favour of landowners. However, landowners are likely to seek some comfort from Judge Cooke's comments.
Further details can be found here.
Although the Code does not spell out whether such discretion exists, and if so, what the applicable test should be, it does refer to the landowner having a “right to require removal”, with no caveats.