Judge favours telecomms for 3G mast place near schools

June 25, 2004

Parents are angry over a judge's ruling that a mobile phone mast can be erected close to three schools in Harrogate. The ruling means a 25-metre antenna could be built 400 metres from Woodfield Community Primary School, St Robert's Primary and Granby High School. The mast will be used for transmitting 3G services by Orange, T-Mobile and Hutchison.

Deputy High Court judge Sir Richard Tucker reversed Harrogate Borough Council's rejection of the mast on the grounds of possible health risks. A government planning inspector had also backed the rejection of the mast being built near the three schools. The inspector said the companies had provided "insufficient reassurance" that the mast would not pose a health risk. It was argued that two of the schools would lie within the beam of greatest intensity from the mast.

Sir Richard Tucker ruled in favour of the mobile phone companies because comments from government lawyers suggested the mast did not carry actual health danger.

He said, "I have no doubt that the present proposals meet the guidelines for public exposure, and that it was made clear to all concerned that there would be no material harm to the living conditions, in terms of health concerns, to young children."

His ruling is expected to be challenged by Deputy Prime Minister John Prescott in the Court of Appeal.

Some fear the ruling would effectively allow the operators to place masts where they want. Around 35,000 3G masts have been erected and a further 12,000 are to be expected.

The town's MP Phil Willis said, "In effect it means the High Court has said that mobile phone companies don't have to take into consideration any health risks at all."