Mast decision goes to court
HIGH Court judges will be called upon to decide whether a phone mast in Horsham should be taken down.
The dispute, between Horsham District Council (HDC) and mobile phone giant O2 UK Ltd, has been going on for nearly a year.
Today (Monday January 14) top judge Mr Justice Mitting gave the go-ahead for O2 to bring a High Court challenge which, if successful, will allow the mast to stay in place.
On February 2 2006, rather than seeking planning permission for the mast near Northholmes Close, O2 sought a determination from HDC as to whether the development was covered by its permitted development rights.
Although the council replied refusing prior approval for the development, O2 says HDC failed to reach an effective decision within a 56 day time limit and that, as a result, it was entitled to erect the mast.
It did so in July 2006.
HDC then issued an enforcement notice requiring the mast to be taken down by September 15 that year.
Today, Mr Justice Mitting ruled that O2's case was sufficiently arguable to justify the case proceeding to a full hearing, at a date yet to be decided.
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Saturday 04 February 2012
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