╨╧рб▒с>■  13■   0                                                                                                                                                                                                                                                                                                                                                                                                                                                ье┴7 Ё┐┴!bjbjUU %.7|7|┴      lB B B B N $O ╢~ ~ ~ ~ ~ ~ ~ ~ ╬ ╨ ╨ ╨ ╨ ╨ ╨ $ %NЇ ~ ~ ~ ~ ~ Ї \ ~ ~ \ \ \ ~ ~ ~ ╬ \ ~ ╬ \ r\ ╬ ╬ ~ r рбD╝Тx┼.B ~ ▐╬ ╬  0O ╬ s\ s╬ \ ┘Dear Sir RE: PLANNING APPLICATION No. Е...........ЕЕЕЕЕЕЕ. ERECTION OF TELECOMMUNICATION MAST ON LAND AT ЕЕЕЕЕ..................ЕЕ I write in objection to the proposed installation of a telecommunication mast and ancillary equipment on land situated at ЕЕ.................ЕЕЕЕЕЕЕ.. . The siting and design of the proposed mast will detract from, and adversely affect the amenity of the locality. I therefore urge your authority to reject the application. As you will be aware, there are a large number of conflicting academic reports on the dangers of irradiation emitted from base stations. With this in mind I urge you to follow the recommendation of the Stewart Report, and adopt a precautionary approach (see para 1.21 and 6.16 of that report) in deciding applications for telecommunication base stations. This approach as you will be aware is enshrined within the national planning policy structure of the UK, as well as European legislation (Please refer to the Government White Paper "This Common Inheritance", PPG23 "Planning and Pollution Control" and "Sustainable Development - the UK Strategy", as well as being enshrined in the Treaty of European Union (Maastricht, 1992; in force from 1.11.93) - Title XVI: Environment, Article 130r).: Article 130r "1) Community policy on the environment shall contribute to pursuit of the following objectives: preserving, protecting and improving the quality of the environment; protecting human health; prudent and rational utilisation of natural resources; Promoting measures at international level to deal with regional or worldwide environmental problems. 2) Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principles that preventative action should be taken, that environmental damage should be rectified at source and that the polluter should pay... (p39)" The Stewart Report states at para 1.19: We conclude therefore that it is not possible at present to say that exposure to RF radiation, even at levels below national guidelines, is totally without potential adverse health effects, and that the gaps in knowledge are sufficient to justify a precautionary approachТ. I am very concerned that the biological affects and irradiation emitted from the proposed development will affect not only my own health but that of my family, and those visiting my home. As such I urge you to use the power conferred upon you by para 29 of PPG8 and attach considerable weight to the fear that the majority of local residents have. The Stewart Report recommends that exclusion zones are placed around all base stations, and indeed some countries already have exclusion zones. This recommendation clearly indicates that there is a potential for concern in placing masts close to sensitive locations such as schools, hospitals and residential areas. Exclusion Zones (1.44) We recommend the establishment of clearly defined physical exclusion zones around base station antennas, which delineate areas within which exposure guidelines may be exceeded (paragraph 6.49 Ц 6.52). The incorporation of exclusion zones should be part of the template of planning protocols that we advocate. Physical Barriers (1.45) Each exclusion zone should be defined by a physical barrier and a readily identifiable nationally agreed sign with a logo. This should inform the public and workers that inside the exclusion zone there might be RF emissions which exceed national guidelines. The government recommends that local authorities do not take health effects into consideration, however many local authorities are rejecting these recommendations including Kent County Council, which refuses to endorse consents on any council land, due to their concerns over health. I would also draw your attention to the following cases where the High Court granted leave to apply for judicial review due to the failure of the respective local authorities to take the concern of the local communities on health effects of masts - R v Stockport Metropolitan Borough Council ex parte Smith - The Queen on the application of Julia Herman &Others v Winchester City Council and Orange Personal Communications Services Limited - Mr Justice Hooper &The Honourable Mr Justice Ouseley - Case No. CO/956/2001 - R v. Forest of Dean Borough Council. As well as the decision in the Section 288 appeal to the High Court in Trevett v Secretary of State for Transport, Local Government and the Region where the court found that it would fetter the obligation of the decision maker to take the concerns of the public on health into account if they were to restrict their deliberations solely to whether an ICNIRP compliant certificate had been submitted by the Operator. However, even if a rejection of the arguments relating to the precautionary approach is taken by the local planning authority, we would urge you to consider the effect the size and design this mast will have on the amenity of the local area, towering as it will some ЕЕЕ ft into the air, which will contrast with the residential nature/open aspect of the locality. PPG8 makes it clear that a rejection of permitted development permission is acceptable for base stations should the LPA conclude that it would have an adverse effect on the amenity of the area. I also take this opportunity to draw your attention to the factors listed in PPG8 Annex 1 para 13 that may involve siting: the height of the site in relation to surrounding land; ╖ the existence of topographical features and natural vegetation; ╖ the effect on the skyline or horizon; ╖ the site when observed from any side, including from outside the authority's own area; ╖ the site in relation to areas designated locally for their scenic or conservation value; ╖ the site in relation to existing masts, structures or buildings, including buildings of a historical or traditional character; the site in relation to residential property; and any other relevant considerations. There is as you will be aware an obligation contained within PPG8 for operators to hold talks with local authorities, and recommendations that these discussions should also include other organisations such as local residents groups. Could you therefore supply me with information relating to these meetings, in particular the out come of the obligatory talks that the local authority held with the Operator, along with details of any residents groups who took part, or were invited to take part in these discussions. I would also draw your attention to case of Yasmin Skelt v First Secretary of State, where the Secretary of State conceded that health concerns are material planning considerations, that the mere fact that a Telecommunication Code System Operator has provided an ICNIRP compliant certificate is not a bar to the full consideration of such health concerns, and that a failure to consider such concerns may lead to the courts overturning a decision. I would also draw your attention to the successive letters circulated to all planning authorities from the previous three Planning Ministers that prior approval applications should be determined as if they are full planning applications in all but name, and therefore urge that you give appropriate consideration to the Affects on the local community and the fears over health that we hold. Whilst reserving the right to make further representation on this application, I urge you to refuse permission for the above reasons. 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