Phone mast fiasco blamed on postal delay

A PHONE mast has gone up unopposed because a council claims it was "let down by the postal system."

The 15m high telephone mast was erected in Beeching Way in July this year after mobile phone giants O2 received a refusal letter two days later than a regulation deadline.

Mid Sussex District Council decided to refuse permission for the erection of the mast back in March and a notice was sent to O2 on March 6.

But O2 says it didn't receive the letter until March 12, two days after a 56 day decision period expired.

The company has now erected the mast at the junction of Beeching Way and Lewes Road, and there is nothing the council can do.

In a letter issued to East Grinstead's Help Point, planning officer Sarah Guess said: "In this instance Mid Sussex considered that the siting and appearance of the proposed mast was inappropriate to the locality and that by virtue of its height the mast would be out of keeping with the existing street furniture on this important approach to the town.

"A refusal notice was issued on March 6, 2008 to this effect.

"Unfortunately Mid Sussex were let down by the postal system and the applicants did not receive this notice until March 12, 2008."

The letter explains how the council was powerless to stop the mast going up, once its letter hadn't been received on time.

It adds: "The regulations are quite strict in these matters and state that if the local planning authority does not give notice of their decision within 56 days the applicants are able to erect the mast regardless.

"The 56 day period expired on March 10 and whilst the decision was issued on March 6 and available to view on our website, because the applicants did not receive it until March 12 they (O2) advised MSDC they intended to erect the mast as our objections were received out of time.

"Following notification of their intention to erect the mast, we took legal advice on this matter and were advised that the council were unable to prevent the mast from being erected due to the fact that we failed to ensure the decision reached the applicant within the set time period."

The council says its decision was "issued in good time" and was made available for inspection of the council's website.

It has attempted to negotiate an amended scheme with O2 but has yet to agree upon a solution.

Miss Guess' letter ends: "In these circumstances I regret to say there is nothing that the council can do to prevent the erection of the mast, or enforce its removal."

by Emily Bridges

emily.bridges@essnmedia.co.uk