 Harrogate council had rejected the mast application |
People in Harrogate have reacted angrily to a High Court decision to allow a 25-metre mobile phone mast to be erected near three schools. The plans were opposed by the council, the government, parents and teachers but a legal challenge by three mobile phone companies was upheld by a judge.
Sir Richard Tucker ruled the proposals met current safety guidelines.
Campaigners fear the decision may allow companies to ignore health fears and erect masts on sensitive sites.
The plans would see the mast erected 400 metres from Woodfield Community Primary School, St Robert's Primary and Granby High School. One mother picking her children up from St Robert's Primary on Thursday said: "My concerns are that we generally don't know whether mobile phone masts are a risk to the public.
"And given that we don't know, I just don't understand how they can put it there."
In December, the planning inspectorate rejected an appeal against Harrogate Borough Council's refusal to grant permission to the three companies - T-Mobile, Orange and Hutchinson 3G.
Risk perception
It was argued in the High Court on Wednesday that the two primary schools would be in the path of the "beam of greatest intensity".
Sir Richard said it had been conceded by government lawyers that it was not being said that the proposals gave rise "to actual danger", but that there was "the perception of risks".
He quashed the planning inspectorate decision, saying current government guidelines are concerned with "actual rather than perceived health risk".
Councillor Richard Hooper, of Harrogate Borough Council, said: "This is a matter for local people and local people are best placed to judge what is best for their area.
MP's anger
"We have applications all over the district for these metal monsters and its about time we made a stand and got some turned down.
"I hope at the next step at the Court of Appeal that the decision of the council and of the Planning Inspector should be upheld."
Phil Willis, the Liberal Democrat MP for Harrogate, described the High Court decision as "extraordinary".
"This is a landmark decision and people should be under no illusion that, if it is allowed to stand, it means that any mobile phone operator in the country can put a mast exactly where they want because there is no defence at all."