NNDC Served with Court Order not to Prosecute Phone Mast Operator

The High Court has brought North Norfolk District Council's involvement in the North Walsham Airwave phone mast dispute to an end - at least, for the time being.

In the latest twist in a long-running legal battle over the telecommunications mast at North Walsham Police Station, NNDC was yesterday [Thursday, 30 March, 2006] served with a High Court Order which prevents the Council from prosecuting the phone mast operator for not complying with a Stop Notice served in 2004.

The decision by the High Court means that the planning application will be referred back to the Office of the Deputy Prime Minister (ODPM) for reconsideration.

The wrangle dates back to 2004, when MMO2 Airwave installed equipment on an existing mast as part of a police communication system. NNDC refused retrospective planning permission and served an Enforcement Notice, demanding the removal of the new equipment. Airwave appealed the decision, and NNDC then served a Stop Notice to prevent Airwave using the equipment pending the outcome of the appeal.

The appeal was granted in January 2005, and Airwave was effectively given planning permission and allowed to broadcast from the new gear on the mast.

However, a local resident who was unhappy with the appeal process launched a further legal challenge in the form of a judicial review. The High Court had been due to undertake that review starting this coming Monday, 3 April, but was pre-empted by the Planning Inspectorate, which agreed to have its January 2005 appeal decision re-considered.

As part of this process, Airwave wanted NNDC to give an undertaking not to take enforcement action in the meantime, using the existing Stop Notice. The Council refused, and Airwave sought yesterday's emergency High Court hearing. The High Court found in favour of Airwave, that the Council should be prevented from taking further action while the matter is being considered by the ODPM.

The High Court's decision means NNDC is no longer able to stop the mast being used - unless the ODPM decides that the planning application should be turned down.

North Walsham District Councillor Virginia Gay said she was "extremely disappointed that Airwave had felt the need to make the application to the Court and that local people would have to continue to suffer the effects of this installation. Councillors have taken this issue to heart and done everything they can".

ENDS