BLUNDERING Solihull Coun-cil has lost its battle to pull down a mobile phone mast.
The T-Mobile mast in Widney Lane was erected despite Solihull Council having refused permission.
The council took barrister's advice about whether it could take any further action and was told the mast had been put up lawfully.
This was because the council’s planning sub-committee did not consider the matter soon enough to communicate its decision to the applicant, T-Mobile, within the 56 days that is required under the Prior Approval procedure.
The erection of the 12ft mast sparked protests from nearby residents, who sent a petition to the council earlier this year to voice their objections.
An angry Councillor Kate Wild (Con, St Alphege), has blasted the outcome of the report.
"The campaigners worked so very hard to stop the mast being erected," she said.
"I am extremely disappointed with this report and I am angry that it appears a loophole in the law allows a mobile phone mast to be erected in spite of the council's refusal of this application."
Planning sub-committee chairman, Coun Stuart Davies, said: "We have considered the circumstances that led to this situation and it is clear we acted in good faith when dealing with this application but have made a mistake on this occasion.
"It is particularly disappointing that the operator had not followed the Code of Good Practice that has been agreed with all the operators.
"Recommendations to ensure that this doesn't happen again have already been put into practice and we have written to the Department of Communities and Local Government seeking changes to telecommunications legislation."
