Telecommunications mast — Planning permission — Refusal of permission to install and extend transmission equipment — Application to quash decision planning inspector’s decision — Whether inspector misconstrued government policy document PPG 8– Whether inspector failed to give adequate reasons — Application granted
A planning inspector has been ordered to reconsider plans for a T-Mobile phone mast near three schools in Harrogate.
The High Court has held that the proposal meets international guidelines relating to public exposure to radiation, and has overturned a previous inspector’s decision to refuse permission for the development.
According to counsel, the decision could affect thousands of similar applications waiting to be heard around the country.
T-Mobile intends to replace an existing mast with a 25m steel lattice one, and plans to install nine antennae and six transmission dishes on the roof of Harrogate Borough Council’s depot in Claro Road.
The new mast will enable two other mobile phone networks, Hutchison 3G and Orange, to share a single mast with T-Mobile.
The inspector dismissed the planning application in December 2003, on the basis that T-Mobile had not provided enough evidence to reassure him that the health of the pupils at nearby schools would not be affected.
He noted that the installation would be sited within 250m of Woodfield Community Primary School and St Roberts Catholic Primary School, and within 420m of Granby High School, and maintained that “both primary schools would appear to have buildings and/or grounds that would be within the beam of the greatest intensity”.
T-Mobile subsequently appealed, claiming that, because the mast will meet internationally-recognised health standards, the inspector had been wrong to take health considerations into account.
The High Court has agreed, stating that the proposal complied with guidelines set by the International Commission on Non-Ionising Radiation Protection.
Sir Richard Tucker said: “It was made clear to all concerned that there would be no material harm to the living conditions (in terms of health concerns) to young children. It is also clear that the applicants gave sufficient reassurances about this.”
The judge held that the inspector “appeared to have misunderstood government planning policy”, and had failed to give adequate reasons for his decision.
T-Mobile (UK) Ltd and others v First Secretary of State and another Queen’s Bench Division: Administrative Court (Sir Richard Tucker, sitting as a deputy judge of the division) 15 June 2004.
Christopher Katkowski QC and Galina Ward (instructed by Freshfields Bruckhaus Deringer) appeared for the claimants; Philip Coppel (instructed by the Treasury Solicitor) appeared for the first defendant; the second defendants, Harrogate Borough Council, did not appear and were not represented.
References: EGi Legal News 23/6/04