Complying with ICNIRP standards is not enough

On 26th September 2003 Yasmin Skelt won her High Court Case against The First Secretary of State & Three Rivers District Council & Orange PCs Ltd.

The judge stated that “The Secretary of State, by his inspector, misdirected himself in law by concluding that, simply because the proposed mobile phone mast would comply with the ICNIRP standards, a refusal of permission on health or health perception grounds would not be appropriate.

“As a matter of law, such matters are material considerations.

“As a matter of law and government policy regardless of compliance with the ICNIRP standards, the Inspector should have considered what weight to give those matters recognising that the question of weight was for him, as the decision-maker, and that refusal on that basis would have been lawful.

“He unlawfully failed to do so.

“The Claimant is substantially prejudiced by the First Secretary of State’s decision.”

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