Residents seek legal advice on blunder

Jul 9 2007 by Liam Murphy, Liverpool Daily Post

HUGE compensation payouts could be made to householders affected by Wirral’s quadruple phone mast blunder, legal experts said.

Solicitors are already acting for some people living near the masts, which were given permission accidentally by the borough’s planners.

Despite applications by T-Mobile being refused by the authority’s planning committee earlier this year, the council did not tell the company within the statutory 56 days – therefore giving the go-ahead to build the masts by default.

Alec McFadden of Wirral TUC has contacted Guy Dodd Solicitors to investigate the case, and even represent people if they wanted legal advice.

Mr McFadden said: “We want the people affected by this to get justice.”

The mobile phone company had applied for permission to locate new masts in Heswall, Pensby, Claughton and Moreton, and new applications will be considered by Wirral Council planning committee on Thursday this week.

But solicitor Guy Dodd claimed: “There is no doubt what happened was maladministration.”

He said even without any scientific basis in people’s fears about possible health risks of the masts, the authority could still face legal claims.

He said: “What is a fact is many people have experienced anxiety that it could affect them.”

Mr Dodd cited a previous case in Wycombe where, following a similar error, the Ombudsman ordered compensation be paid, and the solicitor is now preparing a group action on behalf of Wirral householders on a no win, no fee basis.

Compensation of £50 a month, plus £250 for the trouble of having to make a complaint, was ordered to be paid by Wycombe Council by the Ombudsman.

Mr Dodd said this type of compensation might even end up covering the life of the phone masts – five or ten years if they are eventually erected – making the potential payouts considerable.

And he said claims might also be made through the courts, and some homeowners could have a case for loss of value to their property.

Cllr David Kirwan, a solicitor and the member of the planning committee who pushed for the details of the phone mast blunder to be made public, also said those affected could complain directly to the Local Government Ombudsman, who could order compensation if he found maladministration by the council.

Cllr Kirwan said: “People may argue it’s not just amenity, but some claim their house value could drop.”

Cllr Kirwan, who is unable to comment on the applications for new locations for the controversial masts because he is a member of the planning committee, said a similar blunder in 2001 had proven costly for Wirral Council who paid T-Mobile compensation.

He said: “As I understand it from my own investigations, the Greasby incident in 2001 probably cost the council over £1m – and that was only one mast. Now we have four.”

Guy Dodd has a website for those who want to join his group action against the council at www.thelicenceprotectors.com

A Wirral Council spokesperson said: “This is a matter for the TUC.

“Wirral Council is focused on achieving the best possible resolution for residents in this matter.”

liammurphy