TETRA mast fight lost in court (From Stroud News and Journal)

TETRA mast fight lost in court

A STROUD woman's attempt to make legal history has failed in London's High Court.

Mum of two Grace Trevett, 45, was granted legal aid to challenge plans to erect a controversial Tetra mast on the top of Stroud police station near her home.

It is the first time such action has been taken in this country but yesterday the case was dismissed.

Ms Trevett from Castle Street challenged communications giant mm02 in the High Court over its plan to erect a controversial mast overlooking Stroud Valley Primary School.

Stroud District Council originally turned down a planning application to build the mast at the police station but then earlier this year made a U-turn and decided not to fight three appeals from the Tetra operators.

The decision followed a ruling by a government inspector against the council on a Tetra mast application at Rodborough where heavy costs were awarded against the council.

Ms Trevett and fellow residents had expressed fears over having the mast near their homes and their children's schools. They claimed there was expert evidence of a risk to public health.

Ms Trevett's case hinged on whether the judge believed that residents' concerns had been fully taken into account because the mast site would be a stones throw from the school.

Her counsel Dr David Wolfe, argued the inspector hadn't taken public concerns into account as a relevant planning issue, because he hadn't regarded them as "objectively justified."

But Mr Justice Sullivan told him his submission was "based on a misreading of the inspector's decision" and dismissed the case.

Ms Trevett also challenged the inspector's decision to approve plans for two new antennae on an existing mast in a disused quarry on Selsley Common, and another new mast at West Ridge on the outskirts of Wotton -Under-Edge.

Dr Wolfe argued that, even if public anxiety over mobile phone masts was not "objectively justified" the inspector was still obliged to weigh up the strength of public feeling before reaching his decision.

But Mr Justice Sullivan ruled that the inspectors report had given due respect to resident fears.

"The inspector's report makes it plain that he was not dismissing residents fears because they were not objectively justified," he said.

The judge added that the inspector had come to this conclusion because he regarded the residents scientific arguments as being based on "selective research and expert opinion" rather than giving a balanced view.

Lynne Edmunds, anti-mast campaigner and national Tetra co-ordinator for Pressure group Mast Action who travelled with Grace to London on Monday told the SNJ that the fight would go on.

"Myself and Grace are obviously disappointed but are not beaten," said Ms Edmunds. "We are now considering an appeal and are waiting for a legal opinion from our representatives on the Judges decision."

Yesterday a Mark Ede, head of communications for mm02 said: "We are pleased to be able to continue to provide an infrastructure for public safety through the police."

*An application has been received by the Stroud District Council o2 UK limited, to erect a 15 metre lattice tower at the GPU Depot at Dudbridge where nearby land has been earmarked for housing.

The application includes six antenna and two micro dishes along with ancillary cabin and associated works.

For more Stroud stories, see this week's SNJ.