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The Environmental Justice Law Clinic received a referral from the Environmental Law Foundation pertaining to a group of residents in Lewes, concerned about the planning process underway for a 5G mast near their homes.

The clients felt that the community consultation during the planning process was incredibly insufficient and worried its timing to coincide with the summer holiday may have been intentional to avoid discontent from parents of children who attend the nearby primary school. 

 5G masts are a type of telecommunication technology that are granted automatic planning permission through the Town and Country Planning (General Permitted Development) (England) Order 2015. Therefore, the claimants were only able to challenge the planning authority’s conclusion that the development did not require prior approval. Generally, permitted developments can only be challenged on the basis of their design and siting. Therefore, there was very little hope for the clients that the mast would not be built at all, but there were alternative sites within Lewes. 

 Unfortunately, since this case was referred to us during the summer holiday, the time limit was quickly approaching once the school year resumed. By the time we were ready to take on casework, the deadline for judicial review had already passed so we were asked to advise on the possibility for extending the deadline. 

There was strong evidence that the planning officer failed to consider the visual impact on the mast within the National Park from which the mast was visible. This was frustrating for the clients to know that there was likely impropriety, but that the deadline to challenge had passed. Unfortunately, we had to advise the clients that extensions to judicial review time limits are very rarely granted, and only in circumstances where the delay was outside of the complainant’s control.  

Once the mast had been built, the clients returned for advice, having been informed that the structure did not match the planning permission drawings. Once again, we had to deliver the unfortunate news that despite possible wrongdoing, planning enforcement is at the discretion of the council and that judicially reviewing failure to exercise a discretion would be costly and challenging. Instead, we suggested the clients take a political approach, pressuring the council with soft power to correct their mistakes. We also encouraged the clients to use social media and local news outlets to help create a campaign to galvanise Lewes residents as a community to pressure the council to take enforcement action or to revoke the planning permission entirely.  

Our clinic and our clients have without a doubt gained an understanding of – and a disdain for – the planning law system. The presumption in favour of development, particularly with General Permitted Development rights makes it incredibly difficult to challenge even blatant impropriety and devalues the local expertise in favour of efficiency, oftentimes at the cost of the local environment.  

Blog by: Alex Freeman-Carter, Environmental Justice Law Clinic student, 2023

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