Public Inquiries

One of the most stressful experiences in their career for many Planning Officers is an appearance at a Public Inquiry. We help to reduce your stress by providing expert advice on the technical aspects of planning applications for masts. But years of experience allows us to help in more than simply the technical matters, we can also advise on tactics and legislation, adding value to your own legal advice.

Note however that the role of an expert witness is not that of an advocate. The Expert Witness' duty is to present a balanced view to the Inspector. That balanced view helps our clients to understand the issues early on - an invaluable tool in assessing how to proceed.

Airwave applied for and gained planning permission for a 20m TETRA mast in a quarry. When they came to build the mast they decided that it actually needed to be 10m taller. They built the taller mast without planning permission. Exmoor NPA tried to get Airwave to discuss alternatives but they declined. ENPA issued an Enforcement Notice against which Airwave appealed - requesting a Public Inquiry.

ENPA engaged our services and we quickly identified an alternative means of providing the service. Despite lengthy correspondence prior to the Inquiry, Airwave refused to meet to discuss this option.

In a 5 day Inquiry during which Airwave submitted 19 additional documents, they sought to argue that the alternative put forward was not practical. The Inspector was not convinced by Airwave's arguments and dismissed Airwave's appeal. Both sides submitted cost claims. No costs were awarded.

Mr D. Wyborn, Chief Planning Officer at ENPA wrote to ECS:

"I believe that the Inspector in dismissing the appeal and upholding the Notice gives a clear vindication of the approach of the National Park Authority, in not only its judgement but also the willingness to find alternative solutions. It was your technical input which made this possible and your advice on the quarry rim mast was the decisive factor." December 2006.

Downloads: Appeal Decision. Cost Claim (ENPA). Cost Claim (Airwave).

Case Study - Taunton Deane Borough Council

O2 erected a slim-line monopole under a deemed consent. They did not build it according to their submitted plans. At the subsequent enforcement inquiry they argued that the plans were not required as part of a valid application. They further argued that since they were marked "do not scale" even through they were scale drawings, that the Authority was not entitled to place reliance on the drawings. The Inspector did not agree and the appeal was dismissed.

Downloads: Appeal Decision. Cost Claim.

Case Study - Hinckley and Bosworth Borough Council

Faced with an application for a 25 metre high Orange mast in open countryside, H&BBC decided to refuse the application (twice!). This resulted in an appeal and a Public Inquiry. Richard Newstead suggested how the Council should approach the appeal and worked closely with the Council's barrister. At the Inquiry Orange withdrew the appeal after the first morning of the hearing - having heard only our opening statement and our technical evidence-in-chief. Orange agreed to pay H&BBC a substantial sum towards their costs in lieu of a formal costs claim.

Case Study - Sefton Borough Council

Orange erected a mast in Southport which the council considered had been unlawfully erected. They served an enforcement notice. Richard Newstead was asked to act as the Council's technical witness. Working closely with the Council and their barrister, he was able to build a persuasive technical argument in favour of the Council. The Council was successful in having the appeal dismissed and won a substantial award of costs against Orange.

Case Study - Test Valley Borough Council

Airwave refused to remove a temporary mast after their permission had expired. The Council argued that the mast was inappropriate for a permanent installation. ECS assisted the Inspector in examining options. The appeal was dismissed. Read the appeal decision here.

Case Study - Maidstone Borough Council

Faced with a planning application for a mast to cover part of the Channel Tunnel Rail Link, Maidstone Council had a problem. In essence, the applicant argued that their site was the only option. We evaluated this statement and at a Hearing gave evidence to the contrary. The appeal was dismissed. Read the appeal decision here.

Do we always win?

No; inevitably we don't always win. Not all Inquiries revolve around technical issues but where technical issues are involved, we have an excellent track record. Contact us for details.