LOCAL COMMUNITY SUPPORT FOR ADVERSE PLANNING & DEVELOPMENT APPLICATIONS
20 OUTWOOD ROAD – RADCLIFFE – GTR MANCHESTER – M26 1AQ
TEL: 0161-959 0999 : FAX: 0161-959 1001
EMAIL:
planning@onlincam.freeserve. co.uk : WEB: http://www.onlincam.freeserve.co.ukIncorporating 
http://mastaction.org
For immediate release - 20th June 2002 - 0161 959 0999
PHONE MAST HEALTH ISSUES
HIGH COURT RULES HEALTH IS MATERIAL PLANNING CONSIDERATION
Mr Justice Hooper has confirmed in an order granting leave for judicial review that health is a material consideration that must be taken into account when making decision on telecommunication installations. His Order finally being confirmed in an Order by consent by The Honourable Mr Justice Ouseley.
The case has profound significance for every local authority in the country as it clearly makes the point that not only is health a material planning consideration, but that members of the public should expect that decision makers give reasons for their decisions.
Mr Justice Hooper
"It seems to me that arguably local residents are entitled to a decision which explains why it is appropriate for a mast to be built so close to a school, given, in particular as, what they say they were told by the officers".
The Judge then went on to recommend to the local authority that they should not oppose the application.
"It may be that the defendant will decide not to oppose a full hearing, but instead to make a reasoned decision one way or the other, taking into account the obvious concerns of the parents based on the Stuart report".
The final Order of Mr Justice Ouseley having first quashed the original permission, states:
"The Defendant do re-examine the application for prior approval as if it were an existing application properly made under the amended provisions of the Town and Country Planning (GPD) Order 1995 (as amended) in accordance with procedures set out in the Order and in accordance with the law and the guidance set out in revised PPG8".
This decision follows on from the decision of Mr Justice Ouseley in R v Stockport MBC exparte Smith, who granted leave for judicial review where health was not taken into account. We therefore now have two cases that clearly demonstrate that health MUST be taken into account to decide an application otherwise is unlawful.
It has become common practice for local authorities to inform local residents that health is NOT a material planning consideration. That is clearly wrong, and where that has happened then potentially all the decisions are susceptible to challenge, and to be overturned. CfPS is therefore preparing a presentation pack to be sent to all MPs, MEPs and local planning authorities, which will set out the correct procedures and matters to be taken into account.
CfPS Chair Chris Maile said "This judgement that has only came to our attention within the last week is significant, and will fundamentally alter the manner in which phone mast applications are considered. And further that they MUST take into account the findings of the Stewart report. And that they must give detailed reasons for their decision, in order that residents can best understand the reasons for approving the application. On a daily basis we here from local communities who are told in no uncertain terms that health cannot be taken into account, that is now shown to be unlawful, we are therefore setting out to ensure that EVERY local planning authority complies with the law or faces the prospect of a judicial reversal of their decision."
END.
EDITORS NOTE: More info from Chris Maile 0161 959 0999.
Case Details: Case number CO/956/2001
The queen on the application of Julia Herman and Others (Claimants)
And
Winchester City Council (Defendant)
And
Orange Personal Communications Services limited (Interested Party)
Leave Hearing before Mr Justice Hooper 23rd July 2001
Final Order before Mr Justice Ouseley 22nd January 2002
The matter was later put back to the planning committee, who refused the application on amongst other grounds the concerns of residents of adverse health. The decision is now on appeal to the planning inspector, and a public inquiry is expected later in the year.
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