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STANDARD LETTER FOR USE IN CODE 17
OF THE ELECTRONIC COMMUNICATION CODE OBJECTIONS
(to mobile phone operator - objection to placing of mast)
NOTE: The red text is for guidance only and
should be removed prior to sending letters
.................................
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Date as postmark
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Your Ref: ...........................
Our Ref: .............................
Dear ................... (or Sir)
RE: INSTALLATION OF TELECOMMUNICATION MAST AND ANCILLARY EQUIPMENT AT .............................
I formally give you notice of objection to the siting of a telecommunication installation at ..................................................... And require in accordance with the provisions contained in paragraph 17 of Schedule 2 (The Electronic Communication Code) to the Telecommunication Act 1984 and that you do within the next 2 months undertake the following:
Alter the points below to suit your needs, they are only included as a guide rather than being definitive.
- Removal of the installation; or alternatively
- Removal of the mast and associated infrastructure and translocate the antennae (and associated equipment) to the existing mast/site at ......................
- Removal of the mast and associated infrastructure and translocate the apparatus (and associated equipment) to a location that will be unlikely to cause the enjoyment or interest in such other adjoining land to be material prejudiced by its presence.
- Failure to comply with this objection will result in my making an application to the County Court (Sheriffs Court in Scotland) for an order upholding this objection.
The grounds of my objection are:
Add/subtract other points to/from this list to represent the effect of the mast on your land.
- The installation materially prejudices my enjoyment of, and interest in ............................. (Set out here the details of your home/land/premises affected by the installation). Which is land I (occupy and/or) own.
- I have a fear that the biological and epidemiological effects of electromagnetic radiation emitted from the installation will adversely affect my health and that of my family. This includes concerns relating to the carcinogenic effects of emissions. Even if that fear is subsequently proven to be unfounded, at this moment in time it is my perception that the health of my family is at risk that I base my objection, and the removal and/or relocation of this mast.
- The sight of the installation when viewed from my garden/property is such as to reduce the enjoyment previously experienced from leisure activities undertaken in my garden/premises, including relaxation and therapeutic benefits gained from tending the garden.
- The installation has affected the uninterrupted panoramic views from my property, thereby reducing the leisure value previously enjoyed.
- The installation has affected the amenity of the area, whilst being common to all residents in the locality, it nevertheless has a detrimental affect upon the value I place upon the quality of the location of my property, thereby reducing the enjoyment of my local environment.
- The Installation has affected my families well-being, and that of my visitors to the degree that my family and friends are less inclined to visit, and when they do visit they reduce the length of the visit, and rarely stay overnight. This is particular affecting my children/grandchildren who now have fewer overnight visits from their friends.
The installation further prejudices my interest in that land to the extent that:
Again add/subtract other points to/from this list to represent the effect of the mast on your land.
- The installation including both the mast and antennae have caused a depreciation in the value of my property;
- The installation has affected the amenity value of the area, thereby reducing the desirability of the area as a place to bring up a young family.
I further believe that the installation is not needed to the extent that there are alternative sites that can be utilised to serve the needs of your users. Including opportunities for mast sharing at ..........................
I note that your company have not placed a notice on the main part of the installation in accordance with Paragraph 18 of Sch2 to the 1984 Act. However, in accordance with the judgement in Sarah Lloyd-Jones v T-Mobile Ltd [2003] EWCA Civ 1162 whereby the Court of Appeal made it clear that completion is a matter that is clearly obvious to an effected person from the physical state of the installation. Thereby in my view, from the appearance of the installation the physical completion occurred on, or about the ......./......... /2004 . Accordingly I take that date as being the date of completion. Clearly only include this point if no Code Notice has been afixed. Do not confuse the standard notice fitted saying that all legal notices should be addressed to the operator, a correct Sch2 notice will be headed Telecommunication Act 1984 (and/or Electronic Communication Code) and will include details of the completion date.
Failure to take positive action on the points contained in this objection will result in an application to the County Court (Sheriff's Court in Scotland) to uphold the objection without further notice being given.
I look forward to your response with interest.
Yours sincerely
........................
C.C. Local Planning Authority
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