A potential threat to kids' health is no reason to override policy

Comments on "T-Mobile (UK) Ltd and others v First SoS and another" ([2004] EWCA Civ 1763, Times 16 November 2004), which concentrated on a T-Mobile telecommunications mast in use since 2001. In 2003 permission was sought to build a more substantial mast so that two additional companies could fix a further nine antennae and six dishes. The council refused on the grounds that the proposed mast would detract unreasonably from the local amenities. The planning inspector dismissed the appeal but on different grounds from the planners by arguing that the masts were a health risk, particularly as the base stations were to be situated near schools. The inspector relied upon the government's independent Stewart Group recommendations that assumed young children may be particularly vulnerable to the effects of electromagnetic radiation. The CA, in overturning its decision, found that these considerations had meant that the planning inspector had departed from government policy. While he was entitled to consider health issues he would have to prove that they were an exceptional threat; the telecommunications mast's proposed beam was not exceptional.