Health Considerations and Cell Towers

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Mobile Phones and Tumors
In August 2001 the Office of the Deputy Prime Minister under John Prescott issued planning guidance to Councils which included PPG8 -Telecommunications. Regarding the health aspect of masts, this guidance contained three paragraphs:

Health Considerations & Cell Towers
29. Health considerations and public concern can in principle be material considerations in determining applications for planning permission and prior approval. Whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision-maker (usually the local planning authority) to determine what weight to attach to such considerations in any particular case.

30. However, it is the Governments firm view that the planning system is not the place for determining health safeguards. It remains central Governments responsibility to decide what measures are necessary to protect public health. In the Governments view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them.

31. The Governments acceptance of the precautionary approach recommended by the Stewart Groups report "mobile phones and health"1 is limited to the specific recommendations in the Groups report and the Governments response to them.

The report does not provide any basis for precautionary actions beyond those already proposed. In the Governments view, local planning authorities should not implement their own precautionary policies e.g. by way of imposing a ban or moratorium on new telecommunications development or insisting on minimum distances between new telecommunications development and existing development.

Paragraphs 29 and 30 practically contradict each other. This piece of Government advice has been the subject of two court battles:

The first, on the 26th of September 2003 -Yasmin Skelt -v- The First Secretary of State and Three Bridges District Council and Orange PCS Limited: The First Secretary of State conceded the case which allowed a mast to be removed from Grove Way, Chorleywood on the basis that being within the ICNIRP guidelines did not stop the council from considering other scientific evidence with regard to the possible future health effects on the population close to the mast.

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