Mother-to-be wins mast ruling

The mobile phone mast was erected despite it being challenged

A mother-to-be has won a High Court ruling over her fight against a mobile phone mast which she fears threatens her family's health.

A judge ruled Jodie Phillips, 27, who is expecting her first baby in January, was denied a fair opportunity to suggest an alternative site for the mast built close to her home in Hambledon Road, Waterlooville, Hampshire.

Mr Justice Richards overruled a planning inspector's decision to give approval for the mast, which is also near a nursery school, and said the matter should be reconsidered.

Ms Phillips welcomed the ruling and said she was "quite devastated" that the mast was already up and operating.

This judgment gives some hopes to residents by making it clear that companies must look for the best places for their equipment - not just spots that are most convenient for them Jodie Phillips' solicitor Richard Buxton

The judge said that public concern about health should be taken into account if there was a choice of sites for a mast and that efforts had to be made to find "the best location".

Government planners had already conceded the case and agreed to a rehearing.

The case came to court because Hutchison 3G (UK) Ltd, which erected the mast even though the legality of the move was still under challenge, decided to argue there was no procedural unfairness.

The judge rejected Hutchison's argument that the issue of alternative sites was "an irrelevance".

Ms Phillips' husband Nick Smith, 31, said: "Taking a case like this to court has been nerve-wracking for both of us but it feels so good to see justice done.

"We thought the company was incredibly insensitive."

Hutchison was refused permission to appeal but is now considering asking the appeal court itself to hear the case.