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19 January 2004
Mast: call for legal action
 

The proposed mast would be at the rear of this garage.

 
A Dundee councillor is demanding that the city council take the Scottish Executive to the highest court in the land over its decision to bulldoze the wishes of councillors, planning officials and residents, by allowing a 40-foot communications mast to be erected in Arbroath Road, writes James Rougvie.
John Corrigan said that he was disgusted by what he described as the most blatantly undemocratic process he had seen inflicted on local government in many years.

When the application, from Hutchison 3G, came before the planning committee last year, it was recommended for refusal by planners, on the grounds it would have an adverse impact on the amenity of residents and was contrary to national guidelines because of its proximity to houses.

Residents adjacent to the site, which is at the rear of a small repairs garage on the south side of Arbroath Road, all objected, and the planning committee voted unanimously to reject the application.

However, Hutchison appealed to the Scottish Executive and the council has now been told the appeal was successful.

The Executive planning reporter, in essence, said that while the mast was twenty feet higher than street lights on Arbroath Road, it was similar to the lights and in his opinion it would have little, if any, impact on the amenity of neighbouring houses.

“In reality, the impact would be little more than that of a street lighting column. It’s impact would be neutral or at worst minimal.”

He suggested the council’s guidelines in banning masts within or adjacent to residential properties were “Draconian”.

Councillor Corrigan said the council had spoken out in the past about the abuse of the democratic process whereby an unelected civil servant could overturn the wishes of councillors, professional planners and citizens.

“I was flabbergasted when I received notification of the appeal decision, because there was never the slightest chance that the council would agree to this proposal.”

Mr Corrigan said he was writing to the council’s principal legal officer and the chief executive asking them to agree that the council take the Executive to the Court of Session to have the appeal decision overturned.