Council faces fight over phone masts (From The Bolton News)

Council faces fight over phone masts

9:45am Thursday 7th February 2008

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FIVE phone masts could be removed from public-owned land if Bolton Council decides not to renew contracts with mobile giant Orange.

Although the deals are worth more than £36,000-a-year, concern over the possible health implications of such masts has prompted councillors to question whether or not they should remain.

Two of the masts - on the Rainford House flats in Haydock Street on the School Hill Estate, Bolton, and on Horwich Leisure Centre - were on nine-year leases which expired in October and December last year.

Three others are due to run out this year - the masts at Brandwood Primary School, Daubhill, and at garages in Duddon Avenue, Breightmet, which are on a nine-year lease, and a mast on green fields at Stapleton Avenue, Heaton, which is on a 10-year lease.

The council is debating whether or not to stick to a recommendation made in 2006 when a motion passed by councillors recommended that the local authority did not allow new masts on its buildings.

It was also recommended that the council should seek to terminate legal agreements for the masts on its land where no financial penalty would be incurred.

Much of the council's concerns about the masts was based on the Government-commissioned Stewart Report which instructed councils to use caution in matters concerning them.

There have been fears for 17 years that the microwaves used by masts have been linked to a number of health problems, from headaches to nosebleeds.

A study at Tokyo Women's Medical University, however, found no increased risk of the three main types of brain cancer among regular mobile phone users.

It also appears the council is worried about a legal challenge from the mobile phone companies.

Peter Marsh, the council's assistant director for property services, told the council's corporate scrutiny committee: "My recommendation will be that we should open some negotiations with the current site operators in light of the cost in money and time to terminate the agreements and the quite fierce resistance we would expect.

"For them to relocate and move that equipment does impact on their ability to provide a service in that area."

Mr Marsh said the council would have to consider the potential loss of income.

In the case of the mast at Brandwood Primary, the school receives its £5,500 lease directly and the decision on whether it should renew the contract lies with the headteacher and governors.

It is likely, says Mr Marsh, that Orange could apply to a court for new rights to keep its masts on the site.

Council leader and executive member for corporate strategy and finance, Cllr Cliff Morris, will make the final decision.

He said: "It's going to be difficult and cost us money and I would like to look at them on an individual basis.

"Some we might think we can accept and I don't know why we would want to remove the mast in Stapleton Avenue which is on a field. But I do agree that a school is not an ideal place for a mast."

Liberal Democrat group leader, Cllr Roger Hayes, said: "It does seem the phone companies have a very privileged position under the law and from the advice we have got there does not seem a lot of point trying to get the existing masts removed."

The council last year used its power as landowner to prevent a taller mast being erected at Horwich Leisure Centre after the installation had been granted planning permission on appeal by a Government inspector.

Different rules apply to roads where masts can be erected without the consent of the landowner but may still need planning permission if they are of a certain size.