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

Please forward for the attention of ADRIAN:

Dear Adrian

Having accessed your website this morning I understand that FOI requests
had been sent to Strabane District Council. I can confirm that we have
not received these e-mails and I have asked our IT department to
investigate the reason for this; I can only assume that they have been
trapped in our Spam filter.

In relation to your FOI request regarding mobile phone masts, I can
confirm that this information is not held by Councils in Northern
Ireland. Planing is the responsibility of the Nortern Ireland Planning
Service. Councils in Northern Ireland are simply consultees in the
Planning Process, all decisions and notification processes to applicants
is the responsibility of the Planning Service.

I trust this adequately addresses your query, however if I can be of any
further assistance do not hesiate to contact me.

Yours sincerely

Sharon Maxwell
Business Manager
Strabane District Council
<<Paintbrush Picture>> 02871 381304
<<Paintbrush Picture>> 02871 381334
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