Court Judge backs Council on Rosslyn Park mast
objectors to the mobile phone mast at Rosslyn Park had cause
for celebration as a judge overruled and inspector's decision
in favour of the mast. He decided Council planners were right
to tell a mobile phone company to pull down the over-sized
mast which was 2 metres over the llimit.
Justice Sullivan found that a government inspector had been
wrong to uphold an appeal by O2 after the council had ordered
the mast's removal. The inspector had concluded that the council
was prevented from taking action because it had let the mast
go ahead in the first place. In accepting this ruling the
secretary of state had also erred.
chairman Ravi Govindia said: "Quite 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."
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 removal. The council had told the company in January
2001 that because the installation at Rosslyn Park rugby ground
was higher than 15 metres it had to be either reduced in height
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 metre limit.
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