29
Jun
2005

Phone mast GP loses appeal battle

BBC News website 28.06.05

A GP who has been fighting for three years to have a phone mast moved from near her home has been told she cannot take her case to the House of Lords.

Three law lords have refused permission for Dr Christine Nunn to challenge a Court of Appeal ruling but have not given any reasons for their decision.

The doctor, who lives in Bardsey, near Leeds, and her neighbours say the T-Mobile mast is a health hazard.

The mast was allowed because Leeds City Council bungled planning procedures.

In February, the appeal judges told the protestors the only remedy open to them was to claim damages from the council which lodged their notice of objection one day after the statutory 56-day period had elapsed.

Property values

Dr Nunn and her neurosurgeon husband Geoff moved into the Old Vicarage in the village before the mast was built just 120 yards from their home.

Their legal battle began when the Nunns and their neighbours tried to protest at a planning inquiry that, as well as health implications, the mast would hit property values.

But the inquiry inspector said he had no power to hear their case because Leeds City Council had failed to act within the time limit.

This prompted the Bardsey residents to take the case to the Court of Appeal and then the attempt to go to the House of Lords.

Dr Nunn said on Monday she was not surprised at the decision by the law lords and there would have been problems in paying the legal bills, estimated at £30,000.

She added that the protestors would be meeting officers from Leeds City Council next week in the hope that the council might still be able to issue an order that the phone mast should be taken down.
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