Legal victory to stop 5G mast near school (UK)
the Council failed to address the health impacts
The campaigners write:
“We are delighted to announce the fantastic news that we have WON the judicial review case against Brighton & Hove City Council. They chose not to contest our claim and conceded.
"The High Court of Justice has QUASHED the decision made by Brighton and Hove City Council, resulting in the refusal of the original planning application. The telecoms company will not be able to appeal this decision because they did not object at the judicial review stage.
“Brighton & Hove City Council conceded on the following grounds - the decision was unlawful for the following reasons:
(i) the Council unlawfully determined that the highway safety implications of the cabinets and the concerns expressed by the Council’s highways team were not a relevant consideration;
(ii) the Council failed to address the health impacts of this particular proposal and to obtain adequate evidence of the assessment of the proximity to the school and the amended proposal;
(iii) the Council failed to consider whether the facility could be sited on an existing building or structure, the Interested Party having failed to provide any evidence on that matter.”