July 16 2008

Dear Sir/Madam,

Recently I read an alarming report from the BBC concerning mobile
phone masts which were erected after blunders by councils in
England.

Legislation allows mobile phone companies to assume masts below 15m
in height have been given planning approval if they do not hear in
writing from a council within 56 days. The council is legally
obliged to write to the companies within the given time, outlining
whether the mast actually needs prior approval and whether or not
the council objects to its siting and appearance.

On 68 occasions, councils in southern England have fallen foul of a
legal loophole allowing masts to be approved if an operator is not
sent an answer within that set time limit. In 39 of those cases,
the council had intended to object to the application.

A catalogue of errors has been uncovered across southern England by
the BBC. They include decisions being sent by second-class mail
instead of first, letters being given the wrong date-stamp,
officers calculating the time period incorrectly, the wrong
decision notices being sent out and officers forgetting to state
clearly enough that the application had actually been refused. This
concerns this correspondent greatly.

I am therefore requesting that your council provides me with a full
disclosure on issues relating to this most serious matter under the
Freedom of Information Act 2000. I request the following specific
information:

How many instances (if at all) did your council allow masts to be
approved because an operator was not sent an answer within that set
time limit

Full details in relation to each instance (if any) as mentioned in
part one, including the size, height, and location of each mast,
the identity of the operator, and why each operator was not sent an
answer within the set time limit

Whether the council intended to object to each mast referred to in
part two

This Act established a legal right of access to information held by
public bodies and I believe the full disclosure of such material is
in the public interest and is essential for maintaining public
confidence and accountability in our local services.

I would therefore request a full disclosure in line with the
aforementioned act, within the statutory 20 day limit.

Sincerely, Adrian

Derry City Council acknowledges your e-mail dated 16th July 2008 concerning mobile phone masts.

This request was received on 21st July 2008. In accordance with the Freedom of Information Act we will provide a response within twenty working days and by 18th August 2008. The email address to which you had sent your request had indicated an "out of office" statement with an alternative contact name for the period from the afternoon of Thursday 10th July 2008 until Monday 21st July 2008. While we have registered your response for the 21st July 2008 with a response date of the 18th August 2008, we will endeavour to have the information issued to you as soon as possible.

Further information on freedom of information is available on the Council website

<http://www.derrycity.gov.uk/> www.derrycity.gov.uk.

Yours sincerely,

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Derry City Council acknowledges your e-mail dated 16th July 2008 concerning mobile phone masts.

This request was received on 21st July 2008. In accordance with the Freedom of Information Act we will provide a response within twenty working days and by 18th August 2008. The email address to which you had sent your request had indicated an "out of office" statement with an alternative contact name for the period from the afternoon of Thursday 10th July 2008 until Monday 21st July 2008. While we have registered your response for the 21st July 2008 with a response date of the 18th August 2008, we will endeavour to have the information issued to you as soon as possible.

Further information on freedom of information is available on the Council website

<http://www.derrycity.gov.uk/> www.derrycity.gov.uk.

Yours sincerely,

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Our Ref: 039FCSS160708FOI-/BMcL

28th July 2008

Freedom of Information Request: Masts

I refer to your Freedom of Information request herein dated 16th July 2008.

I would advise that Derry City Council does not hold any information in relation to your request. I would point out that, unlike the position in England and Wales, Councils in Northern Ireland are not Planning Authorities. The information which you request may be held by the Department of the Environment, Planning Service, and it is suggested that your forward your request to:

The Divisional Planning Manager

Divisional Planing Office

Orchard House

40 Foyle Street

Derry BT48 6AT

Tel: 028 71319900

E-mail: [email address]

If you are dissatisfied with this response, you have rights of review and appeal. These rights consist of two processes. Firstly, our internal review procedure is available by contacting:-

John Meehan

Acting Town Clerk and Chief Executive

98 Strand Road

Derry Bt48 7NN

Tel: 028 7136 5151

Secondly, you can appeal directly to the Information Commissioner by telephone or in writing to:

Complaints Resolution Office (NI)

Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

Fax: 01625 524510

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