Final score :- T Mobile -1 Bolton Council - 0
Not the finest moment for Bolton Council but worth an explanation.
Surprisingly, planning consent is not required for Mobile Phone Masts subject to certain conditions
However, the law did require T Mobile to apply to Bolton Council for a determination as to whether the prior approval of the Council would be required in relation to the siting and appearance of the thing.
This they did on 9th March 2007
The Planning Committee refused approval on the basis of siting and appearance at its meeting on 19th April and passed the decision back to the Officers in the Planning Department for them to notify T Mobile. For the Elected Members, this should have been the end of the matter. Job done!
However the Law also is very precise on the method and time scale for notifying T Mobile of the decision. It had to be in writing and had to be received by T Mobile by the 3rd May.
The Council itself has its own procedures for notification decisions - by e-mail fax and recorded delivery post, in accordance with best practice, and a means of recording what and when these events took place.
Trouble is they either didn't take place or there was no recorded proof that they had taken place.
In ignorance of this, when T Mobile erected the mast at daft o'clock on a Sunday morning, the Council issued an Enforcement Notice for it to be taken down.
T Mobile appealed and it went to the Planning Inspector.
Of course, when he discovered that the correct procedures for notification hadn't taken place, or couldn't be shown to have taken place, he squashed the Enforcement Notice and now we are stuck with the damned thing.
Cock up is the phrase that comes to mind.
Now, procedures have been tightened up to ensure that this cannot happen again.
Best I can say on this matter.
Sean
Any comments - electseanhornby@hotmail.co.uk
Promoted by Paul Richardson 24 Ripon Close Little Lever BL3 1EQ on behalf of Sean Colin Hornby 35 Williams St Little Lever BL3 1LQ.
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