Dr Nunn and husband Geoff had taken their case to the Appeal Court

Judges at the Court of Appeal say they cannot remove a planning law barrier which prevents Dr Christine Nunn from addressing a local inquiry.

The doctor, who lives at Bardsey, near Leeds, and her neighbours object to a T-Mobile mast near their homes.

The mast was allowed because Leeds City Council bungled planning procedures.

'Poor reward'

The appeal judges have told Dr Nunn and her neighbours the only remedy open to them was to claim damages from Leeds City Council which lodged their notice of objection one day after the statutory 56-day period had elapsed.

Lord Justice Wall said she "may well feel this is poor reward for her altruism" in standing up for the interests of the local community and her family.

The doctor, and her neurosurgeon husband Geoff, moved into the Old Vicarage in the village because they believed the area "had no aggravating factors."

The GP is fighting to have a mobile phone mast removed

But a mast was built by T-Mobile just 130 yards from the family's home.

Dr Nunn and her neighbours tried to protest at a planning inquiry that, other than health implications, the mast would hit property values and impact on local amenities.

But the inquiry inspector, appointed by deputy prime minister John Prescott, said he had no power to hear their case because Leeds City Council had failed to lodge a notice of objection with T-Mobile within a statutory 56-day deadline.

The council lodged its notice one day late, believing it was still within the time limit.

The inspector ruled the phone company was deemed to have permission under planning laws and quashed an enforcement notice issued by the council requiring the mast to be removed.