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

Dear Adrian,

Thank you for your email dated 16 July 2008 relating to the granting of
planning approval for mobile phone masts.

I should explain that in Northern Ireland this function is administered
by the Department of the Environment's Planning Service and it is not
the responsibility of the district councils. I can, therefore, confirm
that Belfast City Council does not hold the information you have
requested.

You may wish to contact the Planning Service. Their website
www.planningni.gov.uk <http://www.planningni.gov.uk/> contains a
section titled Freedom of Information which includes an online request
form.

If you are dissatisfied with how the Council handled your request for
information, you have the right to request that the Council formally
review this decision. If you wish to do so, please write to the Records
Manager, Belfast City Council, Adelaide Exchange, 24-26 Adelaide Street,
Belfast, BT2 8GD.

Should you remain dissatisfied following the Council's internal review,
you can seek an independent review from the Information Commissioner.
Requests for an independent review should be made in writing to: The
Information Commissioner, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF. However I would advise you that the Information
Commissioner has indicated that a review will not be undertaken unless
the Council has first had an opportunity to re-consider its decision.

If you have any queries about this email, please contact me.

Yours sincerely

Robert Corbett

Records Manager

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