Cases - T-Mobile UK Ltd and others v First Secretary of State
Record details
- Name
- T-Mobile UK Ltd and others v First Secretary of State
- Date
- [2004]; [2005]
- Citation
- EWCA Civ 1763; 1 PLR 97
- Legislation
- Keywords
- Planning control
- Summary
-
Planning permission was refused for the installation and extension of telecommunications equipment at an existing site on grounds of amenity. The inspector dismissed the appeal on matters relating to health risks despite the fact that he acknowledged that the development complied with the ICNIRP guidelines. He was concerned about the beam of greatest intensity falling upon nearby schools, even though the Stewart Report (on non-ionising radiation) indicated there would be no risk to young children where emissions are within ICNIRP guidelines.
The Court of Appeal held that the inspector had misunderstood government policy and set aside his decision. Government policy was clear - where the ICNIRP guidelines were satisfied and schools and parents assured that they are met there is no need to look any further either to an actual or perceived health risk.