Pheasey Phone Mast: latest

Valerie said further consideration by the Court of Appeal on the Phone Mast on Waverley Avenue, Pheasey, may be possible.

Valerie said:

“The Judgement handed down by the Lord Justices at the Court of Appeal on 6 February 2013 related to the Court’s jurisdiction to allow appeals against decisions of the High Court. The Court of Appeal did not address provisions of Rule 52.17 of the Civil Procedure Rules which allow the Court of Appeal to reopen the final determination of an appeal in situations where doing so is necessary to avoid real injustice; the circumstances are exceptional; and there is no alternative effective remedy. The Court has not yet considered whether the provisions of Rule 52.17 apply in this instance.”

“In my view, significant injustices have taken place in the construction of the Phone Mast and in the Planning Inspectorate’s subsequent decision to quash the Enforcement Notice issued by Walsall MBC requiring the removal of the Mast. Vodafone applied to install the Mast under Permitted Development Rights. Under this procedure, the applicants are deemed to have permission unless the Local Planning Authority issues a refusal notice within 56 days.”

“Walsall MBC posted a refusal to Vodafone 11 days before the deadline and placed the notice on its website. Furthermore, representatives of Vodafone were informed in a telephone conversation that the Council had refused the application. It can be argued that Vodafone were deemed to have had notice and that a real injustice has taken place.”

“I hope that the Court of Appeal will now consider Rule 52.17 so that the Council’s appeal against the Planning Inspectorate’s decision to quash the enforcement notice issued to Vodafone can be reopened.”

Part 52 of the Civil Procedure Rules can be viewed here.