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T-Mobile, 3G & Orange v. FSS & Harrogate BC 12/11/04 - Court of Appeal [2004] EWCA Civ 1763

DATE: 23 Jun 2004

T-Mobile (UK) Ltd, Hutchison 3G UK Ltd and Orange Personal Communications Services Ltd won their appeal against the decision of an Inspector to refuse planning permission for the replacement of a mobile telephone mast currently used only by T-Mobile with one that would support a mast-sharing arrangement between the three companies. Sir Richard Tucker held that confirmation that the proposed installation complied with strict international guidelines on radio-frequency emissions constituted sufficient reassurance to parents and governors schools in the area. The Inspector had concluded that government policy on this point was "open-ended" following its response to the report of the Independent Expert Group on Mobiles Phones (Stewart Report), but the judge agreed with the operators' submissions that PPG8 made clear that compliance with the international guidelines was sufficient. The Inspector's decision was also quashed due to his failure to give reasons for the conclusion that the reassurance provided was insufficient.

Christopher Katkowski QC and Galina Ward represented the mobile phone companies.