Orange in phone mast row

The grounds on which planning permission for mobile phone masts can be refused will be at the centre of a planning permission battle this month.

Camden Council in North London will meet on 14 December to consider an application by phone giant Orange to erect 26 masts on the roof of the Royal Free Hospital in Hampstead.

At present council planning officers believe that they are not allowed to refuse a mast application on health grounds, but residents are being urged to dispute this by lawyer Alan Meyer.

In an exclusive interview with vnunet.com, Meyer said the problem is planning officers' ignorance of the law. They "are all extremely out of date", he said.

Meyer came to public attention after fighting a case on behalf of Mohamed Al Fayed against Tanbridge District Council in 1999 which went to the Court of Appeal, where it was found the "planning process was flawed".

The Court of Appeal stated that genuine public fear and concern is a material planning consideration, even if that fear is not based upon evidence. Since then he has helped 50 or 60 groups across the country in similar cases.

"The trouble is that planning officers are now working under planning permission guidelines issued in December 1992, when phones were analogue," said Meyer. "The object of the exercise then was to roll out the networks and to hell with everyone else. Now the situation has changed."

Meyer said the Court of Appeal's decision and the Human Rights Act, in the light of the Stewart Report, which looked into the safety of mobile phones, has effectively changed the rules surrounding planning permission.

In effect residents can now fight insensitive installations of masts when there are alternative sites. "Planning applications used to go through on the nod," said Meyer.

"The Stewart Report is not conclusive about health risks. Article six of the Act states people should get a fair public hearing and have their objections properly considered."

A spokesman for Camden Council said planning officers were checking the legal decisions. "The Human Rights Act may broaden the scope of what can be considered in a planning applications. The planning officers will be looking into the points he [Meyer] made," said the spokesman.

Orange was not available for comment.

A memorandum with updated legal advice can be obtained from solicitors Halsey Meyer Higgins.