Mast case for High Court?
27/9/2005
Fleet News and Mail
HART District Council is on collision course with a mobile phone company it believes installed phone mast equipment illegally.
The council is to take enforcement action against Airwave MMO2 after it attached mobile phone masts to a water tower in Bracknell Lane, Hartley Wintney.
The council may even take the company to the High Court if it refuses to remove the masts.
The row started in late 2003 when the phone company installed three ‘whip’ antennae on the water tower.
The company claims that it had planning permission to do this but the council disagrees, stating that it did not approve the application.
Airwave MMO2 appealed but this was dismissed by a planning inspector — although a previous inspector ruled in its favour.
It has since made two further applications to retain the equipment for a further six months and a second to fix alternative equipment lower down the water tower.
These applications were rejected by councillors last week.
Last week members of the council’s planning enforcement committee agreed to take the company to the High Court in a bid to have the original antennae, which were installed in 2003, removed.
“The council understands the distress that the unauthorised equipment is causing to local residents and is seeking its removal as quickly as possible,” said Cllr Viv Street, chairman of the committee.
“We will stand up to those who seek to breach the law designed to protect our local community.”
Residents have been fighting the phone masts in Hartley Wintney since 1999.
In particularly, they have been opposed to the masts attached to the water tower.
People in Trefoil Close and surrounding roads fear the masts could be endangering their health as well as spoiling their view.
Campaigner Marre Dafforn welcomed the decision by the council to take enforcement action against Airwave MMO2 but believes that the company has more tricks up its sleeve.
She said: “I am delighted that the council is taking enforcement action.
“I think that most people are frustrated with how long this has taken.
“Airwave is using every planning loophole possible to put in more applications and I expect that court proceedings may be delayed by this if they put in more appeals.”
But Mrs Dafforn added that residents will have to wait a long time until they achieve their aim of getting the masts removed completely.
She added: “Airwave has spent a lot of money.
“It is not going to leave quietly.”
Airwave MMO2 is providing equipment for Hampshire Constabulary which wants to use the Hartley Wintney water tower as a site for the national police force’s new £3billion mobile radio system aimed at dramatically improving police communications.
John Scott, head of planning at Manchester-based chartered surveyors Pentland Ltd, which is an agent for Airwave MMO2, said the company believed it was in the public interest to be able to provide the coverage required by Hampshire police.
He added that it was an error by the council’s planning official’s that had led to the lengthy row with Airwave MMO2.
When Airwave MMO2 received the planning application back from the council it stated that planning permission had been granted even though reasons had been given to refuse it.
It seems that there had been an apparent misprint.
Airwave MMO2 appealed against this and a planning inspector ruled in its favour.
Mr Scott said the company proceeded with installing the equipment on the tower, but then after the council appealed another planning inspector overturned the original decision.
He declined to comment on whether Airwave MMO2 was confident it would win its case if went to the High Court.
Fleet News and Mail
HART District Council is on collision course with a mobile phone company it believes installed phone mast equipment illegally.
The council is to take enforcement action against Airwave MMO2 after it attached mobile phone masts to a water tower in Bracknell Lane, Hartley Wintney.
The council may even take the company to the High Court if it refuses to remove the masts.
The row started in late 2003 when the phone company installed three ‘whip’ antennae on the water tower.
The company claims that it had planning permission to do this but the council disagrees, stating that it did not approve the application.
Airwave MMO2 appealed but this was dismissed by a planning inspector — although a previous inspector ruled in its favour.
It has since made two further applications to retain the equipment for a further six months and a second to fix alternative equipment lower down the water tower.
These applications were rejected by councillors last week.
Last week members of the council’s planning enforcement committee agreed to take the company to the High Court in a bid to have the original antennae, which were installed in 2003, removed.
“The council understands the distress that the unauthorised equipment is causing to local residents and is seeking its removal as quickly as possible,” said Cllr Viv Street, chairman of the committee.
“We will stand up to those who seek to breach the law designed to protect our local community.”
Residents have been fighting the phone masts in Hartley Wintney since 1999.
In particularly, they have been opposed to the masts attached to the water tower.
People in Trefoil Close and surrounding roads fear the masts could be endangering their health as well as spoiling their view.
Campaigner Marre Dafforn welcomed the decision by the council to take enforcement action against Airwave MMO2 but believes that the company has more tricks up its sleeve.
She said: “I am delighted that the council is taking enforcement action.
“I think that most people are frustrated with how long this has taken.
“Airwave is using every planning loophole possible to put in more applications and I expect that court proceedings may be delayed by this if they put in more appeals.”
But Mrs Dafforn added that residents will have to wait a long time until they achieve their aim of getting the masts removed completely.
She added: “Airwave has spent a lot of money.
“It is not going to leave quietly.”
Airwave MMO2 is providing equipment for Hampshire Constabulary which wants to use the Hartley Wintney water tower as a site for the national police force’s new £3billion mobile radio system aimed at dramatically improving police communications.
John Scott, head of planning at Manchester-based chartered surveyors Pentland Ltd, which is an agent for Airwave MMO2, said the company believed it was in the public interest to be able to provide the coverage required by Hampshire police.
He added that it was an error by the council’s planning official’s that had led to the lengthy row with Airwave MMO2.
When Airwave MMO2 received the planning application back from the council it stated that planning permission had been granted even though reasons had been given to refuse it.
It seems that there had been an apparent misprint.
Airwave MMO2 appealed against this and a planning inspector ruled in its favour.
Mr Scott said the company proceeded with installing the equipment on the tower, but then after the council appealed another planning inspector overturned the original decision.
He declined to comment on whether Airwave MMO2 was confident it would win its case if went to the High Court.
Starmail - 27. Sep, 16:47
