NNDC Loses North Walsham Radio Mast Appeals

A planning inspector has found against North Norfolk District Council in appeals by MMO2 Airwave Ltd against the Council's refusal of planning permission for radio equipment at North Walsham Police Station, and against the enforcement notice issued by the Council ordering the removal of equipment that was later installed.

The appeal decision, received by NNDC today (18 January), means that the enforcement notice is quashed, planning permission is granted, and MMO2 Airwave Ltd can use the equipment with immediate effect.

The planning inspector agreed that MMO2 Airwave Ltd should have given NNDC 'prior notification' of their addition of equipment to the mast at North Walsham - a legal condition of the work being classed as 'permitted development' (ie not requiring planning permission). NNDC argued that MMO2 Airwave Ltd had not given prior notification and therefore did not have planning consent, which was a reason for issuing the enforcement notice in May last year.

However, this work (which the appellant argued was 'permitted development') followed NNDC's refusal of planning permission in March last year for a different configuration of equipment on the mast. That refusal was made on the grounds of the perception and fear of risk to public health, which the planning inspector said was "material to my assessment of the proposals" but did not "provide compelling reasons for withholding planning permission."

So, while NNDC was entitled to take enforcement action, the inspector concluded that the original application was acceptable, and what was subsequently built was therefore also acceptable, on its planning merits.

Councillor Simon Partridge, Leader of NNDC, said: "I am very disappointed by this outcome, but I do feel vindicated that the decision to take enforcement action was the right one. There may be very little we can do now, but the Council will study the appeal decision very carefully to see if there are any grounds for challenging it."

• For further comment if needed, please contact Councillor Partridge on 01692 581221.

ENDS