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

21 July 2008

Dear Adrian

REQUEST FOR ACCESS TO INFORMATION
FREEDOM OF INFORMATION ACT 2000

I refer to your e-mail of 16th July 2008 in which you requested access to
information held by the Council under the above legislation.

In your e-mail you requested access to information relating to planning
approvals for mobile phone masts below 15m in height, specifically:

How many instances (if at all) Limavady Borough Council allowed masts to
be approved because an operator was not sent an answer within the set time
limit of 56 days.
Full details in relation to each instance (if any), including 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 2.

I wish to advise you that Limavady Borough Council does not hold the
information that you have sought access to. Councils in Northern Ireland
are not responsible for administering or determining planning applications
for mobile phone masts. This responsibility lies with The Planning
Service for Northern Ireland, a separate government organisation, and you
may wish to contact them for access to the information you seek. The
local planning office which deals with planning matters relating to the
Limavady Borough Council area can be contacted at:

The Planning Service
Orchard House
40 Foyle Street
Londonderry
BT48 6AT

Tel: (028) 71319900
Fax: (028) 71319777
E-Mail: [email address]

Alternatively, for information relating to Northern Ireland as a whole,
you may wish to contact The Planning Service headquarters at:

Millennium House
17-25 Great Victoria Street
Belfast
BT2 7BN

Tel: (028) 9041 6700
Fax: (028) 9041 6802
E-Mail: [email address]

If you are not satisfied with the response you have received to your
request for access to information, please note that you can ask for the
matter to be reviewed. In order to have this review carried out please
put your request or complaint in writing to the Chief Executive of
Limavady Borough Council, 7 Connell Street, Limavady, BT49 OHA. He will
carry out an investigation into how the matter was dealt with by Council
Officers and he will then respond to you directly when he has completed
his investigation.

If you have any queries in relation to your request for access to
information, please do not hesitate to contact me.

Yours sincerely

Elizabeth Beattie
Corporate Policy Officer

Tel: 028 777 22226
E-Mail: [email address]

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