Court Judge believes the Rosslyn Park 02 mast should be removed.
planners were right to tell a mobile phone company to pull down
an over-sized telecommunications mast a high court judge has ruled.
Justice Sullivan found that a government inspector had been wrong
to uphold an appeal by O 2 after the council had ordered the mast's
inspector had concluded that the council was prevented from taking
action because it had let the mast go ahead in the first place.
accepting this ruling the secretary of state had also erred.
council's victory puts the ball back in the secretary of state's
court. He will have to decide whether or not to order the mast's
council had told the company in January 2001 that because the
installation at Rosslyn Park rugby ground was higher than 15 metres
had to be either reduced in height or removed.
mast had been erected without planning permission on the basis
that its height was below 15 metres. Investigations subsequently
confirmed that the height for planning purposes was over the 15
people had objected to the installation.
chairman Ravi Govindia said:
simply the inspector got it wrong. The only reason the mast had
been built without planning permission was because the council
had been told it would be lower than 15 metres.
the mast was erected and it became clear that it was at least
two metres above the limit the council was right to seek its removal.
is an important decision in an area of planning law where there
little protection for the resident concerned about the impact
phone masts turned down 21.03.02
regarding two planning proposals
technical reports required re Egliston Lawns proposal
residents comment on the Orange Transmitter