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Last Updated: Monday, 1 March, 2004, 18:27 GMT
Mobile phone mast challenges fail
Phone mast
Residents believe the mobile phone masts are unsafe
Challenges to plans for the erection of mobile phone masts have been rejected by a High Court judge.

Mr Justice Sullivan found against villagers from Otterton in Devon and residents in Winchester who had claimed that mobile phone operator Orange should not have placed the masts close to schools.

He gave separate judgments, but in both instances found planning inspectors had not erred in law.

But some campaigners said they were "shocked and horrified" by the decision and would consider taking their case to the Court of Appeal.

If they put this mast up I will have to move. I just won't feel safe there any more
Jane Lee

In the first case, the Otterton villagers appealed against an inspector's decision to allow a mobile phone mast to be installed by Orange near a playground and primary school.

The legal challenge was led by Jane Lee, 56, whose house is 150 metres from the proposed site of the 50ft high mast.

Ms Lee, who suffers from arthritis, said: "We are a bit stunned and we are finding out about whether we can appeal - none of us have money and we have costs to pay.

"If they put this mast up I will have to move. I just won't feel safe there any more. I can't love it any more."

'Total disbelief'

In the second unsuccessful challenge, two children and their parents appealed against a planning inspector's decision to allow Orange to site a mobile mast near their homes and local primary school.

Phoebe St Leger-Davey, aged six, of Chilbolton Avenue, Winchester, Hants, and seven-year-old James Harrison, of Poet's Way, acting through their parents, asked the judge to rule that permission should never have been granted.

But the judge ruled the inspectors had been entitled to find that the radiowave emissions fell within international guidelines.

He also said there had been no procedural or legal flaw in the decision-making process.

Phoebe's mother, Caroline, said: "We are shocked and horrified by the decision. We are in total disbelief."

She said she would be going to the Court of Appeal.





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SEE ALSO:
Deputy hears mast concerns
20 Feb 04  |  Guernsey
Phone mast removal call
14 Feb 04  |  Mid


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