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.

You can contact me through email on: adrianrutherford@hotmail.com

Sincerely, Concerned

From: Elaine McElhill
Sent: 28 July 2008 09:57
To: '[email address]'
Subject: Response FOI Ref: 2008/07/009

Dear Mr Rutherford

With regards to your request for information under the Freedom of
Information Act I would like to inform you that Councils in Northern
Ireland have no executive planning powers, and play a consultative role
in the planning process only, unlike local councils in England (to which
you refer) and Wales. Responsibility for the planning process lies
wholly with DOE(NI) Planning Service, www.planningni.gov.uk and such
applications will be assessed against relevant policies contained in DOE
(NI) Planning Service documents.

I trust this answers your question however please do not hesitate to
contact me if you have any other queries.

Regards

Elaine McElhill

Records Management Officer

Antrim Borough Council