Dismay as phone mast challenge is dropped

A bid to force a telecommunications giant to remove a mast has failed after Telford & Wrekin Council decided it could have faced "significant costs and damages" if the firm appealed.

The council has admitted defeat in attempts to challenge its lease agreement with Vodafone for the mast in Malinslee.

People nearby were told of the decision in a letter from Councillor Stephen Bentley, cabinet member for environment and regeneration.

In it Councillor Bentley said he had "explored and exhausted all avenues" to challenge the agreement.

"While I have heard the arguments presented to myself and to officers of the authority, that the council could terminate the lease before it expires in 2016, I am advised the grounds on which the decision may be taken are inadequate," he said.

"It has to be said Vodafone has breached a provision of the lease, which required the giving of 48-hours' notice of intention to commence the installation.

"However, I am advised that, if the council tried to rely on this breach to treat the lease as terminated, this could be successfully challenged by Vodafone.

"Barrister's advice provided to the council has indicated Vodafone's challenge would have been upheld and, as a consequence, the council would have been vulnerable to a significant costs and damages award."

Campaigner John Minshall said today he felt "let down" by the council.

Members of the Telford Residents Against Masts group now plan to meet to discuss their next move.

Mr Minshall, of St Leonard's Place, Malinslee, said: "The council seems to have thrown the towel in."