DC Casebook: Telecommunications - Health concern overruled on mast siting

Planning, 22 August 2008

The 12.5m mast was to be sited near the back edge of a footway close to a church. The church hall hosted a nursery for children under the age of two, while older pre-school children attended another nursery 50m away. The council claimed that the mast would be located in a "sensitive location" under a core strategy policy encompassing schools and children's play areas. It was also concerned that the mast would be visible from the church hall's windows.

After carefully examining the council's policy, the inspector decided that its objection to the development was untenable. The policy did not seek a blanket restriction on telecommunications development in sensitive locations, he noted. Instead, it required that all mast siting should be carried out in a sensitive manner. In addition, he observed that the basis for the "sensitive locations" test related to health concerns arising from telecommunications installations.

He observed that such concerns are dealt with by the precautionary approach adopted as government policy in PPG8, which requires all proposals to be accompanied by a certificate confirming that the mast would operate within international guidelines on the emission of non-ionising radiation. The appellant had confirmed that this would be the case, he noted.

The inspector decided that the council had clearly departed from government policy in assessing the health effects of telecommunications proposals and produced no evidence to demonstrate why a different precautionary approach was necessary. PPG8 indicates that local planning authorities should only look further than the required certificate in exceptional circumstances, he reasoned. The council's position was unreasonable and this justified a full award of costs to the appellants, he concluded.

DCS Number 100-056-424

Inspector Chris Anscombe; Inquiry.