Although a very recent technological development, mobile phones are considered a necessity by many people in the UK. However, despite their popularity, the communication masts on which the networks depend have been regarded since their inception as eyesores and, in the opinion of many people, health hazards.

As a result, proposals to site mobile phone masts often lead to disquiet on the part of those living or working in the surrounding areas.

A ground-based mast over 15 metres in height requires planning permission, but those attached to other structures or that are less than 15 metres in height require approval under the so-called ‘pre-approval’ system. Under this system, the network operator will apply to the local planning authority (LPA) to find out whether pre-approval is required and, where appropriate, for a decision. The LPA has eight weeks to reply to the applicant. If the LPA does not respond within the set period, then the network operator can proceed. The LPA is allowed to consider a variety of factors when deciding whether or not to grant approval. For example, the presence of nearby residential property and schools is a relevant factor. The LPA can require that a full application for planning permission is made.

Health concerns over masts that meet international standards on ionising radiation (and it is a near certainty that all masts for which permission is sought will meet the standards) have not been accepted by the courts as a valid argument for denial of permission. Although the guidance states that LPAs should consult with schools when a mast is to be sited nearby, and take account of their views, the guidance as to what constitutes ‘near’ is not specific.

Perhaps oddly, a challenge on the basis of damage to the aesthetics of the area may well be more successful, especially if an alternative location can be suggested which does not create an environmental scar.

If you are faced with an application for a mobile phone mast near you and you wish to oppose the application, take advice quickly.