06:15 > Monday 20th July 2009
Formal complaint against mast U-turn
13 December 2007
A FORMAL complaint has been made about a council's U-turn over allowing a mobile phone mast in a park.
St Albans District Council had originally resisted attempts by Orange to install a mast in Clarence Park but agreed to it when the phone firm instead submitted applications for a number of smaller masts in surrounding streets to improve their coverage.
However in October the council rescinded that decision following legal advice which recommended they act in their capacity of charitable trustees of the park rather than as a local authority.
Nearby residents now fear that Orange will submit applications for a scattering of smaller masts around the area - such as a controversial eight-metre mast on the corner of Sandpit Lane and Gurney Court Road.
So Richard Morgan, of Gurney Court Road, has put in a formal complaint to the council's head of legal services Mike Lovelady claiming he had misinterpreted counsel's opinion. Mr Morgan said: "For example, it costs £10,000 a year for upkeep of the park and Orange would pay a third of this in rent for a mast. How is this not in the best interests of the park?"
The part of the park in which the mast would be sited is owned by a Trust which has to abide by Charitable Commission (CC) rules.
This would mean a tender would have to go out to all mast operators to attract the best bid and even then there was no guarantee that it would not be opposed by the CC.
However, there is still hope that the council will be able to see off future bids. The council's portfolio holder for planning and conservation, Cllr Chris Brazier, is hoping to put plans before the Cabinet in January which may help them to prevent masts being erected close to houses.
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