Harrogate council had rejected the mast application

Deputy Prime Minister John Prescott and Harrogate Borough Council plan to fight the proposals for a site at Claro Road in the town at the Court of Appeal.

Campaigners fear radio waves from the mast could cause health problems to the nearby children in three schools.

But judge Sir Richard Tucker ruled the proposals by T-Mobile, Orange and Hutchinson 3G met safety guidelines.

Beam of intensity

He quashed a planning inspectorate decision in December 2003 to reject their appeal against the council's refusal to grant planning permission.

The inspector had said the companies had provided "insufficient reassurance" that the mast would not pose a risk to nearby school children.

The plans would see it erected 400 metres from Woodfield Community Primary School, St Robert's Primary and Granby High School.

It was argued the two primary schools would be in the path of the "beam of greatest intensity".

Important judgement

Applying for permission to appeal, Philip Coppel, for the government, said there was considerable public concern over the issue.

He told the court that planning permission was expected to be sought for a further 12,000 3G phone masts, in addition to the 35,000 that already exist.

Mr Coppel said: "This is a judgement which is going to be looked at by local planning authorities and relied upon by planning inspectors in thousands upon thousands of other planning applications which are going to be made in order to see through the roll-out of the 3G network."

Sir Richard agreed the government could challenge his ruling on the basis of the public concern over the issue.