Montag, 19. Juni 2006

EU gibt Passagierdaten auch künftig an USA weiter,1518,422326,00.html

People are beginning to take notice of the greed that is often "the rule in American companies"

Bosses' Salaries Are Controversial in the United States Too

The CEOs of America's companies earned on average 170 times the average worker's salary in 2005. That multiple was 40 in 1970. Even in the world's bastion of capitalism, people are beginning to take notice of the greed that is often "the rule in American companies."

Senate Democrats Push for Vote on Iraq Withdrawal

Democrats plan to offer a resolution in the US Senate on Tuesday seeking a timetable for a phased withdrawal from Iraq, California Senator Dianne Feinstein said on Sunday. Recent polls show a majority of Americans favor such a course.

It's going to take a lot more than 'changing the messengers' to persuade the world to take the president at his word

Poodle Diplomacy

"Civilian ambassadors" have been recruited by Karen Hughes's Public Diplomacy shop at the State Department to carry the message to the world that, "The United States welcomes all religions and rewards immigrants who embrace its democratic values with opportunities and freedom beyond their dreams." "This is going to be one hell of a hard sell," writes William Fisher. "Think about it. The US is waging two wars on countries that have overwhelmingly Muslim majorities. And it has launched a 'global war on terror' (GWOT) that largely targets Muslims. I suspect it's going to take a lot more than 'changing the messengers' to persuade the world to take the president at his word."

Saving Us And The Planet

by John Sloboda,

The obsession of major world powers with terrorism gobbles resources we should use to solve far more dangerous planetary threats.

The Guantanamo Peril

by Aziz Huq,

What calling the Guantanamo suicides a "PR stunt" reveals about the Bush administration.

Obama's Profile Has Democrats Taking Notice

Obama, a first-term Democratic senator from Illinois, seems to be hitting the right notes these days. During Senate recesses, he has been touring the country at breakneck pace, basking in the sudden fame of a politician turned pop star. Along the way, he has been drawing crowds and campaign cash from Democrats starved for a fresh face and ready to cheer what Obama touts as "a politics of hope instead of a politics of fear."

Was the Presidential Election Stolen?

"The American public has a right to be skeptical about whether there was a fair count in the last presidential election, and to have their skepticism proven wrong by overwhelming evidence," writes Joel Bleifuss. "In any functioning democracy, this test would consistently be met without stirring controversy."

"Operation Forward Together": Deeper Into the Quagmire

"Here we go again," writes Dahr Jamail, "only this time with even more troops, raiding even more homes, manning more checkpoints, and of course more death squads operating - with backup support from American soldiers, and of course their air strikes."

Attac bezeichnet Köhler als "Arbeitgeberpräsidenten"

"Bewerbungsmarathons": Attac bezeichnet Köhler als "Arbeitgeberpräsidenten" (19.06.06)

Das globalisierungskritische Netzwerk Attac hat die Forderung des Bundespräsidenten nach mehr Druck auf Arbeitslose scharf kritisiert. "Köhler geriert sich wieder einmal als Arbeitgeberpräsident," meint Peter Wahl von Attac. "Im Grundgesetz ist das Mandat des Bundespräsidenten klar definiert", so Wahl, "von Einmischung in die Tagespolitik ist da nicht die Rede. Eigentlich würde die vielzitierte Würde des Amtes daher eine so einseitige Parteinahme verbieten." Das Problem ist nach Auffasung von Attac nicht mangelnder Druck auf die Arbeitslosen, "sondern das Versagen eines Wirtschaftssystems, bei dem der Profit vor den Menschen kommt sowie eine Regierungskoalition aus unfähigen und unwilligen Politikern".

Die ganze Nachricht im Internet:

"Desintegrationspolitik": "Die Bundesregierung entzieht Flüchtlingen ihren Status"


Nach Darstellung der Menschenrechtsorganisationen Amnesty international und Pro Asyl "entzieht die Bundesregierung Flüchtlingen aus Kriegs- und Krisengebieten ihren Status und plant weitere gesetzliche Verschlechterungen des Flüchtlingsschutzes". Flüchtlinge seien offenbar "zunehmend unerwünscht", kritisierten die Organisationen im Vorfeld des Weltflüchtlingstages am 20. Juni. Die Bundesregierung nutze die wegen der Umsetzung von EU-Richtlinien notwendige Änderung des Zuwanderungsgesetzes beispielsweise dazu, das Alter für den Familiennachzug bei Flüchtlingen von 18 auf 21 Jahre heraufzusetzen. Außerdem sollten nachziehende Ehepartner vor der Einreise Deutsch lernen und entsprechende Kenntnisse nachweisen müssen. "Dies ist absurd", meint Julia Duchrow von Amnesty. "Wie soll die mittellose Ehefrau eines tschetschenischen Flüchtlings im zerstörten Grosny Deutsch lernen?" Der Vorschlag verstoße im übrigen gegen Europarecht, meinen die Organisationen.

Die ganze Nachricht im Internet:

Tell Your Congress member not to take campaign money from big oil Asks You to Tell Your Congress member not to take campaign money from big oil.

Please sign the campaign to tell your congress members not to take any campaign funds from big oil by going to this link.

In this campaign, they ask you for your added comments that will go to your representative and here is mine: “The oil executives including their partners in the Bush/Cheney administration have ruined this once beautiful country so much so that I do not think I can celebrate July 4th this year. We are not in Iraq to bring them freedom and democracy but to take their oil. That has been the oil companies objective all along and to profit handsomely from it. The same goes for the Bush/Cheney administration. Both are oilmen and we must stand up to them. By refusing moneys from these industries, you are telling the American people that you have had enough of their corruption and criminality.”


Informant: Bugs

Doug Loranger & B. Blake Levitt on KPFA

Independent documentary film maker, Doug Loranger, producer and director of "Bad Reception, The Wireless Revolution in San Francisco," and award-winning medical/science journalist, B. Blake Levitt, author of "Electromagnetic Fields, A Consumer's Guide to the Issues and How to Protect Ourselves" (Harcourt Brace, 1995) and editor of "Cell Towers, Wireless Convenience? Or Environmental Hazard?" (Safe Goods/New Century, 2001) will be interviewed on The Morning Show, KPFA Pacifica Radio, Tuesday, June 20, 2006 at 8:30 Pacific Coast Time (11:30 AM East Coast Time). To listen live, click on and follow the prompts.

Information from Blake Levitt


Your Own Health and Fitness - Bad Reception

Can council not refuse these masts?

How effective is your LPA?

You are absolutely right, Ben. Much more could be done by LA's to ensure that sensitive siting of masts is adhered to. However, I fear that because of the cosying up between the Council Liaison Officers from the MOA and the Planning Officers - and the persistent "planning workshops" which give totally biased advice - phone operators are reaping the benefits.

We are constantly hearing that "Council cannot refuse these masts". Then you hear that Officers have been supplied with free mobiles!



Something like that would be great! We here have managed to force Planning to get 'outside' legal advice, and gave them the details of unbiased experts, but whether they actually used these experts is unknown at present. We have some sympathetic Councillors here who would be very interested indeed in such a briefing. Would it be a huge job to put it together, do you think?



Terrific idea. Perhaps a briefing pack containing several of the most recent independent research documents with copies of CD's of the recent radio interviews with Olle Johansson, Magda Havas etc, similar to the Mast Sanity Doctors Pack could be prepared also.

Maybe we should also have a "bullet point" list of the various tricks that the operators get up to in providing false information on planning applications that planning officers should look out for and check.


1. Altering the relative height of surrounding trees to make the mast look smaller.

2. Omitting existing road furniture so that the pole masts do not make the site look so cluttered.

3. Making sure that there is a NEED for a mast when there may already be coverage in the area.

4. Checking that the distance of the mast to the nearest residential properties or schools are accurate.

5. Insisting that the operator provides minutes of consultation meetings held with local schools and residents who will be affected.

6. Ask for details as to why alternative sites where rejected and whether the reasons for rejection are valid.

7. To accept that the "fear of ill health or perceived risk" is a material consideration.

etc, etc. etc.

I am sure you can all add many more to the list.

This would at least give all planning officers a standard base from which to consider the applications.

Peter Mobley


Dear Angie and Peter,

Here in Haringey, we had a scrutiny review re: mobile mast applications last autumn and Sarah P and I wrote a briefing paper for every meeting. Sadly, what we learned in the process was that our Head of Planning had very little idea on how the law can be interpreted or any of the precendent legal cases. In the end, some very small improvements were achieved, but but a lot more could have been done. For example, we kept banging on about the loss of amenity suffered through the abject fear of health effects.

There is also the loss of amenity for an entire community if a focal point of the community is affested, like a school or public library. Our council however still feel, they can't make this argument, especially where prior appproval notices are concerned. However, we have had planning applications refused now for not consulting with the primary school 200m away, which is progress.

Two of those, however, are now in Appeal, and we shall see what happens to them.

Our briefing papers we produced for the occasion were probably too wordy (they were drawn up in reply to the Head of Planning's reports,) but they might be starting point.

What we need to do is to get up to date with the latest appeal decisions and High Court cases (for example the Arun appeal decision from november 2005) which was rejected by the Hight Court for very strange reasons.

Another issue that needs clarifying is whether additions to existing equipment, i.e. upgrades from 2G to 3G need planning permission or not.

In spite of all our banging on about it, our council still claims it does not matter since they still believe they are only allowed to refuse on visual grounds, so which system is in place does not matter to them since that would be related to health!

If we all contributed different things and agreed a final edit together, it should not be too much work. We could use our individual emails to send the working docs to each other in order to not clutter the list and make the finalised version available to everyone and post it on mastsanity's website. I think it would be a worthwhile exercise, every little progeress we can achieve, will help.



Just spoken to Bromley planning and apparently not much has been done about the independent legal advice they are meant to be getting. Apparently, they want advice from a barrister, rather than a planning consultant. My fab councillor, David McBride, managed to get agreement for an Article 4 (which he is drafting) but everything seems to be on hold at the mo.

I have a suspicion that the telco's are playing a waiting game with a view to replacing the existing three masts with the new ones such as QS4. Maybe we should concentrate on ensuring that these 'replacements' are subject to planning regs (which would mean health effects need to be taken into consideration - here we go again!). Although, maybe a head start is what we need to get proper regs in place before the next 'wave'.

Also, my contact at planning told me that Japan don't use masts, but satellites. Is this true? I have had a look around the internet but can't make sense of it all. How does this work and are there any health implications? I'm kinda going on the premise that the 'beams' go up rather than out so would this be an improvement (unless you live above other people)? Would it be the same technology?

Any information greatly appreciated (sorry, it seems everytime I post I'm asking questions!).





They call it decision under "delegated powers" and our council have a policy to only use the delegated powers procedure where hardly any objections are made, if a certain number of objections is made (don''t know what their cut-off point is, though), they have it decided by the members of the Planning Committe.

Sylvia: You experience from the planning workshop makes just confirms my view that we need to have a more co-ordinated stategy about how to handle councils. I still believe a briefing paper would be the answer I would be prepared to work at it, if some others offer their input, too.

Sarah P: I don't think it's constrcutive to just hand Chris Maile's supplemetary planning policy to Councils. It's far too complex for them, The briefing paper would have to break down the issue and explalin things insimple terms. It could then refer to Chris Maile's doc for further reading/action.

Councils are generally badly informed and we can't allow that the industry's representatives are the only ones to offer them information. We have to be out there, too. Maybe we need to even train a few people up to go round the country and give presentations.



I have followed the recent exchanges about the effectiveness of LPAs with considerable interest. For what it's worth......

By way of background, for the past three years or so, I have provided planning advice on behalf of Mast Sanity and lose count at well over 200 individuals/campaign groups with whom I've been in contact - sometimes exchanging a dozen or so e-mails on individual cases as they have progressed through the pre-application stage to appeal and beyond. Throughout this period I have kept in close touch with Chris Maile on telecoms planning and studied planning law in the telecoms context. I have also been involved personally with both applications and appeals in my local area - taking Rule 6 status as a third statutory party to fight an appeal via public inquiry against the refusal of consent for a Tetra base station in my own village. Without wishing to dampen the enthusiasm being displayed by correspondents, I think that a few home truths would not go amiss.

It is quite true to say that many planning officers (and indeed council solicitors) are ignorant of planning law for telecoms installations. Medicine has GPs and specialists, law comprises 'small town' solicitors and experts in particular fields, and so on, whilst very few LPAs, if any, have planners trained specifically for, and dedicated to, telecoms planning. The associated government guidance and regulations are now so complex, and so poorly drafted in many cases, that a wide variety of interpretations can be made, and invariably are - and this against the backdrop of powerful communications code operators with vast sums of money and influence.

In many cases it is far easier to avoid confrontation with the operator. Hence, the almost automatic approval given by officers to mast applications where no public objection is registered. And here, a word about delegated powers. These are granted by the elected members to planning officers to simplify and speed the planning process where the issue is uncontroversial (and what is given can be taken away). Whenever there is considerable public representation, a Parish/Town Council submits an objection or one of the ward councillors concerned determines the need, then the issue should be taken out of the officers' hands and presented to elected representatives in committee for their decision. It doesn't always happen this way - in a recent case I was involved in, the Chief Planning Officer in Manchester City reportedly claimed a statutory right to determine prior approval applications under the General Permitted Development Order (GPDO) and, despite being made aware of the reality, his councillors refused to challenge this utterly false assertion.

But even when put to committee, as we all know the officers often take the line that nothing can be done and go to great pains in their briefings to justify a recommendation to 'permit'. This is, again, a manifestation of their extreme reluctance to argue the pros and cons of a particular case when it is so much easier to have the application approved rather than go through the nausea of a likely appeal against refusal with all the extra work that this entails. Regulations are interpreted incorrectly and I have lost count of the the number of occasions when, in the case of disagreement, a chief planning officer has, in effect, invited campaigners to 'test the issue in court' knowing full well that the majority cannot possibly afford such action.

Turning to Supplementary Planning Guidance (SPG), many LPAs have introduced such documents but they have rather blunt teeth - or rather more blunt than mast campaigners would wish - since their contents cannot contravene the provisions of 1990 T&CPA, GPDO, other Statutory Instruments, PPG8 et al. A prime example of how far they can reasonably go is illustrated by the SPG produced and adopted by Milton Keynes Council in May 2005, to which Mast Sanity contributed at the draft stage - and most of it will not satisfy many of those who have contributed to the recent exchanges. The LPAs are, quite simply, fettered by statutory regulation, which includes PPG8 following the absurdity of the Harrogate judgement in the Court of Appeal.

On the subject of briefing material for LPAs, all should be aware that Chris Maile has spent some years on like matters. Although he now passes many of the 'individual' queries to Planning Sanity on telecoms planning over to me, he still spends considerable time giving advice to both LPAs and the legal profession. That said, it is apposite that, as many of you will know, he was forced to cancel an intended telecoms planning forum in Ealing this month due to a lack of interest by prospective speakers and LPA officers. This is the reality.

When considering the effectiveness of LPAs, I think it important to distinguish between officers and councillors. There is often a tendency for the former to seek primacy as the 'professionals' of the organisation and to expect elected members to do their bidding. As we all know, many councillors stand up to be counted but, unfortunately, far too many follow the advice and recommendations of their officers without question. Be that as it may, planning officers and their legal staffs do not generally take kindly to lay members of the public proffering advice and 'telling them what to do' - particularly campaign groups - so more is sometimes to be achieved by targetting the elected members, particularly those sitting on development committees. It is the attention of these people that should be drawn to what PPG8 says on pre and post-application consultation, the statutory requirements regarding the study of alternative sites, the scope of loss of amenity via mast development, and other such material planning considerations - and very importantly, the provisions of the GPDO which are so frequently misinterpreted by the officers. This can generally only be done when the councillors are involved in, and focussed on, a local telecoms planning issue.

A word on health. Following 'Harrogate', it is rather pointless representing the health concerns of the public, perceived or otherwise, as a serious material planning consideration. I acknowledge that the three judges agreed that health concerns might be taken into account in 'exceptional circumstances'; at the same time, however, they did not accept that a Beam of Greatest Intensity falling on two primary schools came into this category. It is therefore very difficult to envisage what they might have meant by the word 'exceptional'. Rather, health concerns must be tied in with loss of amenity. In other words, the result of telecoms development on the proposed site is likely to create such anxiety and worry to the public that the associated loss of amenity of the area and well being of its residents would be unacceptable.

Chris Maile has been drawn in to spending much time and effort on such projects as briefing packs in the past with promises of assistance in collating documentation and marketing the package - only to find that initial enthusiasm dissipates as the enormity of the task dawns. If it is intended to proceed along the lines suggested, then you may wish to bear these comments in mind.

All best wishes.



Hi David

Many thanks for all the effort you've put into this.

However, "complexity" is relative to the brain's abilities. In my experience of Councillors (and most people including myself), they don't like having to think about or analyse things. I'm sure there are many reasons; that most peoples analytical faculties are crippled by the effects of childhood trauma, poor diet and microwaves, that thinking independently might expose one to unpalatable truths and alienation from work colleagues (possibly making ones job difficult or untenable), etc.

Most Councillors and planners IMO are therefore afraid to really look at these issues, they would rather let sleeping dogs lie. Many I imagine will have looked at the law at some stage, made up their minds and operate on that (limited and mistaken?) basis throughout their period of employment for an easy life. So corruption is not necessarily why they act as they do, just incompetence.

One local Green Councillor who is concerned about masts has told me the Planners normally wave masts through because otherwise they get stung with £17000 for every mast that eventually is given the green light by a Gov't inspector. Personally I think this is only ONE reason. In general they just don't want all the hassle and extra work involved in turning masts down. They are also, ironically, afraid of not doing their jobs right and so go along with Gov't guidelines and their colleagues.

David, I wonder if you could give us, from your experience, a shortlist of suggestions for getting masts refused? I think your point about Planners and Councillors not liking being told what to do by campaigners is an important one. Both ego and fear of being pushed into potentially incorrect decisions out ot ones comfort xone of the rules one goes by by the strenous exertions of campaigners will probably, tragically, IMO cause these snails to withdraw back into their shells.

So though it may seem quite daunting, perhaps a "softly, softly" approach which is repeated time after time after time might be the answer? This of course would take a lot of time and resources from local campaigners.

What do you think?



I couldn't agree more with Gary's conclusion. We used Chris Maile's materials for the scrutiny review in Haringey and, sadly, it was clearly beyond what our planners could take in. At the end of the review, we still had a very narrow interpretaiton of the planning regs, e.g. our head of planning still believes he can't refuse a prior application notification on amenity grounds (he frimly blieves only visual gorunds are valid, amenity gorunds only for proper planning applications!). However: Since we are banging on about things, quoting the law and relevant precedent cases time after time again, he has now started to use some of our info as "additional information". The last prior notification application he refused was still on visual grounds, yet he added under a heading "Additional Information" that the application was flawed (pretending to be 2G for 3G equipment) and that it had not consulted with the local primary school 200m away. That's a small step in the right direction, but it would not have happened, if we did not repeat it time after time until it slowly reaches their brains. "Steady drop hollows the stone" ... as we say in Germany.



First up, thank you David for your insightful comments and injection of realism, and of course for the thousands of hours you have selflessly put into fighting masts all over the country.

I wonder if during this thread, we've fallen into a pattern of thinking – that the only way to fight masts is to get them refused by the LPA when the application is made.

Forgive me if I've misunderstood, but this seems to be an underlying assumption in the comments on the thread.

Of course this is where most of us started off – being backed into a corner by a powerful phone operator wanting a mast at the end of our garden... How do I get it refused?

But on seeing wave after wave of mast proposals in our area, I’m becoming more of the opinion that this situation is partly the local planning authority's making.

PPG8 puts an enormous number of responsibilities in the LPA's hands:

"8. Government strongly encourages telecommunications operators and local planning authorities to carry out annual discussions about rollout plans for each authority's area."

- Our LPA did nothing with the annual rollout documents which the Operators provided (ok, they were pretty hard to read, but they didn't even try)

"9. Pre-application discussions should be carried out between operators and local planning authorities on a specific development proposal..."

- Our LPA systematically ignores pre-application notices, claiming it doesn't have the resources to deal with them until a formal application is made

"15. Local planning authorities and operators should work together to find the optimum environmental and network solution on a case-by-case basis.

27. Local planning authorities and operators are encouraged to explore possible alternative approaches, particularly the opportunities for mast and site sharing and also in terms of the location and alternative design of the apparatus."

- For prior approval masts under 15m, our LPA rarely has any input into the design or siting of the proposal. It's patchy and sporadic, depending on the particular officer involved, and there is no policy.

More often than not our LPA rejects a mast application. But then it is allowed on appeal.

So the LPA are being systematically useless, but don't shoulder any of the blame because it's all the planning inspectorate's fault.

David, do you think there's anything that can be done to encourage LPAs to hold effective annual rollout discussions, or become involved at the pre-application stage, to find "least worst" sites before an application is made.

Nobody has held up a shining example of an LPA which does any of this, so I presume there aren't any, or (being naively optimistic) maybe residents in those boroughs didn't need to join this mailing list ;-)

Can we hold our LPA accountable to their responsibilities in PPG8?

Or should we just continue fighting our corner when the applications come in?



One of the positive outcomes of our Council's scrutiny review on telecoms installations was the commitment to hold annual roll-out discussion and consult at that stage with local interest groups. We will see when it comes to (in autumn) whether they keep to it or not. My worry is however, that the operators will have a much stronger voice in these discussions than we, and that' why I don't expect much out of them. We learned this during our scrutiny review: Planners seem to be more likely to believe every word the operators say even if we are better more knowledgeable and give the more neutral information. I have a few local concillors who always consult me first, yet the planners are much more likely to be influenced by the operators and their henschmen, i.e. all these "independent " companies offering planning seminars in telecoms matters, none of which is independet as far as I can see it. That's why I feel a briefing paper would be good, especially if it is not just done by one person (I have done that for our council, but I simply don't carry enough weight!), but rather an organisation such as mastsanity. The briefing paper should also be approved by a solicitor.



Thanks Andrea,

Is there any document you could send which records your Council’s commitment to hold annual discussions and consult with interest groups? I’d love to have something to show my Councillors, as evidence of what more they could be doing. Of course we’ll see what happens in the autumn...




I wasn't looking for plaudits but thank you for the kind words.

My contribution was very broadbrush by necessity and I quite agree with you that LPA's do not act as they should - indeed, abrogation of responsibility is a phrase that frequently comes to mind. I would certainly like to see planning officers better educated in telecoms planning and most certainly in relation to PPG8, which has always given scope for considerable activity and action pre-application.

The unfortunate 'Harrogate' judgement provides the catalyst. You may recall that the Appeal Court judges found that the wording of para 98 (30) has primacy over that at 97(29) - "In the Government's view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them". The judges went further and pronounced this a clear statement of Government policy which, in the absence of non-defined 'exceptional circumstances', must be given associated measure in the decision making process. Not to put too fine a point on it, these three judges turned guidance into legislation.

But one cannot 'cherry-pick' the provisions of PPG8; what is sauce for the goose is sauce for the gander. (Sorry about the mixed metaphores!) If "In the Government's view" amounts to a statement of Government policy, so do those you mention:

"LPAs should take account of the protection of urban and rural areas in other PPG notes" (para 7)

"The aim should be for LPAs and operators to work together to find optimum solutions to development requirements. The Government strongly encourages pre-development and pre-application discussions between operators, and between operators and authorities, local people and other interested bodies. (para 8)

"Government strongly encourages operators and LPAs to carry out annual discussions...." (para 57)

"Pre-application discussions should also be carried out by the operators with other organisations with an interest in the propsed development, such as residential groups, parish councils or amenity bodies." (para 59) And note that a mere letter of intent is not sufficient.

"Authorities are strongly encouraged to undertake any additional publicity that they consider necessary to give people likely to be affected by the proposed development an opportunity to make their views known to the authority." (para 61)

And so it goes on. Following 'Harrogate', these statements with others must also be considered to reflect Government policy - ergo any failure to take them on board constitutes not only maladministration but unlawful process. We should all be stressing this to LPA officers, although since I suspect most will ignore the principle, a good example will probably need to be tested in the High Court.



I have read one or two emails on this but because of exams not many - but have issue with some of what has been said.

I think you are missing the point on several issues.

On upgrade issue the starting point is the original planning application for a 2g mast. When that original application was placed for a 2g mast there was a debate around need, coverage maps and all other planning issues and the applicant had to prove and justify a need. When they want to upgrade to 3g there is a whole new debate on need, existing coverage etc and so a new debate on the planning issues starts so on that basis yes they need planning permission and if those arguments are submitted I don't see how a planning officer can justify saying they don't need permission. But as we don't know how many replacements or alteration there have been without the knowledge of the planners or residents the can of worms needs to be opered first and someone needs to put in the work to find out. Plus the chances are the original 2g application was incorrect in some way as I have never seen a phone mast application that has been correctly submitted. Invalidating the application for being incorrect is an easier option. There is also a difference between illegal and unlawful which is where the operators escape on the upgrade issue.

Yes I have heard that the odpm line is that planning permission is not generally required for alteration or replacement but as odpm (now someting else), DTI. and Ofcom can't even agree on basic fundamentals such as whether operators should be paying rent as well as business rates for masts on higways then they probably disagree on this too.

I don't think any two cases are the same so each case needs to be argued on its merits. The legislation is also complex and anyone fighting a mast needs to read a raft of documentation and have a team of people able to interpret the rights of the residents involved in the campaign.

The written submission system of appeal denies natural justice because the operator has a right to comment on any submissions made by third parties but the third parties (residents) are not given the opportunity to come back on the operators comments on their submissions. That doesn't provide natural justice to the objectors. In the minds of many this renders it unlawful.

The planning inspector is acting in a quasi-judicial role so any procedural or failures in process render them open to acting unlawfully and the procedure has to be halted. An appeal can't proceed if there have been procedural or other failures right from the very start of when the application was first submitted to the local authority as the whole process is one integrated whole.

Planning Inspectorat documentation is litered with phrases such as the procedure and process has to be open, transparent, fair, consistent and provide natural justice. Prove it dosen't and the appeal collapses.

Most appeals by operators are submited on the last day of the six month period the operator is allowed to appeal and done by email, When an appeal is submitted full grounds for the appeal have to be submitted within the six month period or its not a valid appeal - I fail to see how an email from an operator's agent to the planning inspectorate on the very last day can fulfil those criteria. So how ever many have been done like this could be rendered invalid if someone were to put in the work to find out.

When you start getting into matters of procedural failures the system quickly collapses and its by using that tools we can win. We have just forced hutchison to withdraw from an appeal in Bath - we forced it into public enquiry. got rule 6 status so we got access to all their submissions and then started pulling them and the planning inspectorate to pieces on procedure and process used functional safety issues and disability rights legislation.etc amongst others which they seem to want to keep well clear of so they pulled out.

On ICNIRP certification issue I personally think this is best left as they will always comply - whether self-certification is EU compliant and human rights compliant and whether its a planning issue is another debate.

I think its a health and safety issue and fighting on grounds of functional safety and particularly interference with medical equipment where emissions exceed 10 volts a meter (the critical level) is an easier option. If a market stall holder wants to get a licence from the council for a fete in or near a football stadium where there are enough masts so emissions could exceed this 10 v/m - should the council put up a notice saying this area is a health and safety hazard - don't come if you have a medical device on your body?

We are lobbying our bath mp to bath at present to get amendments to the Wireless Telegraphy Bill 2006 to force ofcom to deal with functional safety issues.

On Harrogate I think its misinterpreted. The local authority as I understood it originally refused the masts on visual and other grounds. The planning inspector dismissed the operators appeal but used only health grounds for refusal and didn't use the visual and other grounds he could have also used which the planning officers had used and didn't give clear and full reasons for refusing on health grounds - a wishy washy decision so of course the operators successfully challenged him in court. If he had used all the material and relevent planning isues he could have and so refused on many grounds the operators wouldn't have challenged him successfully.

I still think using health isn't a good idea because there are so many other ways of getting masts refused which I wouldn't put on this network because of who may read them. I think it will be years before we can use it effectively.

One simple example being amenity - there are three or more categories of amenity

impact on general amenity
impact on housing amenity
impact on residential amenity
impact on visual amenity

all with enorme muscle when you bring issues in such as landlord and tenant agreements and leaseholder agreements when you force landlords and councils into a situation where they breach contracts or fail to act in the interests of tenants by allowing masts on buildings - even the tenants right to 'quiet' can kill a mast application on the roof of a building.

I think keep well clear of health per se and its much easier to win.

My view is that in many cases campaigners aren't being given the right tools to win especially where campaigners have been told to fight on health issues and thats why the operators have been so successful in getting masts up because councillors need the right tools which well equipped campaigners must give them.

On the other topic of call-in one councillor in Bath has just called in an application for an extension on a cottage which a planning officer had refused using delegated powers. My understanding is that each council has its own policy on this and if the policy is that a councillor can call in an application or if there are 2 or more objections it must be heard by planning committee that is what must be done.

On the supplementary planning guidance issue the full council voted through a motion in bath some time ago to order planning officers to write this.

The odpm (what was) stopped them on the grounds it would be unenforcable. Its like trying to shut the stable door when horse has bolted. Its a long process as it has to be incorporated into the local plan etc and only really helps on appeals in green belts and conservation areas really where it helps the visual and amenity arguments. I think its a waste of space and time and is best left as there is a raft of other stuff far more powerful.

I will get off my soap box and go back to my revision books and won't comment further.


1-Euro-Jobs und andere Zahlenspielereien

Sozial ist, was Arbeit schafft, Teil 2: Kostenexplosionen und andere Mythen

Imaginäre Hartz IV-Kostenexplosionen erschüttern Medienöffentlichkeit

Entwarnung bei UMTS-Strahlung

Kratzspuren im Image: der Angriff der bunten Truppen

„Werden Niedrigpreise und Billiglöhne am Ende zu teuer bezahlt?

Amerikanische Konsum-Imperien geraten in das Visier von Aktivisten, die versuchen, den größten Konzernen zuzusetzen…“ Artikel von Andreas Oldag in der Sueddeutschen Zeitung vom 12.06.2006

Aus: LabourNet, 19. Juni 2006

Another day of distractions

Unknown News
by Helen & Harry Highwater


Name a real problem, any political problem, and Bush and Cheney have either ignored or increased it. And by creating phantom issues as a distraction, they have dismantled the Constitution, the document that once defined what America was. ... America's leaders and media are not outraged, and instead prattle about relatively un-important matters. The average American's brain is jostled, his or her attention is diverted by, say, an immigration crisis that pops up out of nowhere at the Mexican border. Or by the urgent danger of gay men who want to get married. Or by the imagined slaughter of fetuses (an issue that emerges only around election time, and is then forgotten until the next election)...

Informant: Thomas L. Knapp

The hypocrisy of our government agencies

CryptoKids at war

by Michael Kinsley


It is not yet clear -- though there is little reason for optimism -- about whether the courts will let them get away with it, but the official position of the executive branch under President Bush is now the U.S. government can grab you off the streets anywhere in the world, lock you up, torture you, and no one even has the right to find out where you've gone. And if someone does find out and starts talking trash like 'habeas corpus' or 'Fourth Amendment,' too bad: It's all OK under the president's inherent powers as commander in chief. Congress -- unbeknownst to Congress -- approved it all in its resolution shortly after 9/11 urging the president to fight terrorism. And the president deputized the CIA and other agencies to go forth and use this authority, in documents that you can't have and may or may not exist. In a twist fully worthy of Kafka, or at least Joseph Heller (Catch-22), the very suspicion that bad things are going on is a reason you can't find out...

Informant: Thomas L. Knapp

Targeting journalists

Tom Paine
by John Prados


Attorney General Alberto R. Gonzales is as assiduous a pursuer of leaks as any plumber. In May, Gonzales startled the public when he said in an interview that 'there are some statutes on the books' that provide government the legal authority to prosecute journalists for publishing articles containing classified information. He was referring to the Espionage Act of 1917, under which Gonzales is attempting to create a precedent by trying two policy analysts of the American-Israel Public Affairs Committee accused of leaking national security information to a journalist and a diplomat. In April, a month before the Gonzales appearance on the Sunday talk shows, it became known that the FBI had attempted to gain entry into the private papers of deceased journalist Jack Anderson, who for years wrote a nationally-syndicated column that laid bare a multiplicity of closely-held government secrets. The Senate Judiciary Committee held a hearing on June 6 to illuminate the entire question of the Bush administration's pursuit of leakers. There, Deputy U.S. Attorney Matthew W. Friedrich refused to explain the FBI's action against Anderson, but affirmed that the government can prosecute 'anyone' -- including journalists -- for making known classified information...

Informant: Thomas L. Knapp

There's no hope in Guantanamo

by Nicole Colson


Three detainees at the U.S. prison camp at Guantanamo Bay, Cuba, took their own lives in early June. But as far as the U.S. government is concerned, their suicides were an act of aggression against the U.S. 'They are smart, they are creative, they are committed,' Rear Adm. Harry B. Harris Jr., the commander at Guantanamo, said of detainees following the suicides. 'They have no regard for life, neither ours nor their own. I believe this was not an act of desperation, but an act of asymmetrical warfare waged against us.' ... 'There is no hope in Guantanamo,' Shafiq Rasul, a British man released from Guantanamo who went a hunger strike while behind bars to protest beatings, told the Associated Press. 'The only thing that goes through your mind day after day is how to get justice or how to kill yourself. It is the despair -- not the thought of martyrdom -- that consumes you there'...

Informant: Thomas L. Knapp

Iraq: new Ramadi siege begins



Thousands of U.S. and Iraqi troops set up outposts Sunday in southern parts of Ramadi as part of an operation to establish Iraqi army bases in the country's largest Sunni Arab city and wrest it away from months of insurgent control. U.S. commanders stressed that the operation was not a large-scale assault on the city but rather an 'isolation' tactic to prevent insurgents from receiving supplies or reinforcements from outside. Arab television networks and some Western outlets have reported on an impending attack on the city...

Informant: Thomas L. Knapp

Ireland: Anti-mast postcard campaign

Am sending you along the latest in protest measures taken by this Co Kerry group.


Imelda, Cork

MONDAY, JUNE 19, 2006


by Donal Hickey

Upwards of 2,500 postcards are being sent to Taoiseach [prime minister; pronounced: thee-shock] Bertie Ahern and TDs this week as part of a protest against telecommunications masts. Behind the campaign is a group from Glenbeigh, on the Ring of Kerry, which has already succeeded in getting Vodafone to drop plans for a proposed mast in the area. However, local people are seriously concerned about plans for two other masts. Clara Leahy, spokesperson for the Glenbeigh Residents' Group, said they wanted to highlight their case at the highest level. "This issue is really about health. People are very angry about plans to build a mast just 400 metres from a school at Curraheen being attended by 50 children," she said. The cards have been distributed to homes in the area, and the design shows a mast with a warning, Danger Radiation Risk--Glenbeigh says Stop and Think. Cards being posted to Health Minister Mary Harney ask why she has ignored recommendations from the Joint Oireachtas Committee on Enterprise and transport regarding emissions from telecommunications masts. The group has already lobbied Tourism Minister John o'Donoghue, who lives in nearby Caherciveen. Ms Leahy said the community was absolutely determined to resist further plans for masts in their area. "We're opposed to the random erection of these masts near our homes, school and play grounds without due consideration by the government and planning authorities of the health issues involved."


Residents fight against masts

When Will the Mainstream Media Get It Right?

Who Supports the Troops?

Kicked out of Gitmo

Karl Rove Beats the Democrats

Suffering Post-Traumatic Stress Disorder

Ein Festival der vorbeugenden Gefahrenabwehr - Ein internationales Sportfest unter Freunden?

Komitee für Grundrechte und Demokratie Aquinostr. 7 - 11, 50670 Köln, Tel.: 0221 - 97269 -30, Fax: - 31,,
Elke Steven 0177 / 76 21 303

Köln, 19. Juni 2006

Pressemitteilung: Bürgerrechtliche Beobachtungen im Rahmen der Fußball-WM 2006

Ein Festival der vorbeugenden Gefahrenabwehr - Ein internationales Sportfest unter Freunden?

Mit Sorge haben wir die sicherheitspolitischen Vorbereitungen zur Fußball-Weltmeisterschaft beobachtet und kritisch darüber berichtet (Ein Eigentor gegen die Grundrechte - Bei der Fußball-WM werden unmögliche Sicherheitsmaßnahmen möglich: )

Mit Freude sehen und hören wir, dass die WM vorrangig fröhlich und friedlich verläuft. Die teilnehmenden Bürger und Bürgerinnen sind die Garanten dieser Friedlichkeit, nicht die polizeilichen Überwachungen.

Im Zusammenhang unserer Beobachtungen am 14. Juni 2006 in Dortmund sind wir erschreckt über das Ausmaß vorbeugender Ingewahrsamnahmen. Bei der "weitaus überwiegende(n) Anzahl" der Festgenommenen geschah dies "vorbeugend" (vgl. Presseerklärung der Staatsanwaltschaft Dortmund und der Polizei Dortmund). Jede Festnahme stellt einen schwerwiegenden Grundrechtseingriff dar, der nicht mit bloßen Vermutungen begründet werden darf.

Erneut wollen wir uns vor Ort einen Eindruck verschaffen, wie es im Spiele-Alltag um die bürgerlichen Grundrechte bestellt ist. Wir werden uns mit einer Gruppe von Beobachtern und Beobachterinnen am 20. Juni
2006 vor, während und nach dem Spiel Schweden - England in Köln aufhalten und gegebenenfalls das polizeiliche Eingreifen beobachten.

Die WM wird zu einem Test für das präventivpolizeiliche Instrumentarium missbraucht, für die Zusammenarbeit von Polizei und Geheimdiensten und für die Kooperation der "Sicherheitskräfte" im internationalen Rahmen, für neue Sicherheitstechniken und für eine neue Rolle des Militärs im Innern. Mit der Fußball-WM werden Muster der Datensammlung, der Überwachung und des polizeilichen Eingreifens bei nicht-konformem Verhalten erprobt und für die Zukunft etabliert.

Viele der Überwachungsmaßnahmen sind vor Beginn der Spiele zum Tragen gekommen. Diejenigen, die in ein Stadion wollen, mussten höchst persönliche Daten hergeben, die Eintrittskarten sind mit Funkchips ausgestattet. Diejenigen, die in der Hochsicherheitszone in und um die Stadien arbeiten wollen oder müssen, wurden geheimdienstlich sicherheitsüberprüft. Von der Polizei als gefährlich definierte Fans wurden mit Gefährderansprachen, Meldeauflagen oder Aufenthaltsverboten eingeschüchtert oder ausgegrenzt. Die Videoüberwachungen sollen zu konformem Verhalten anhalten, aber auch gezielte polizeiliche Eingriffe ermöglichen. In einigen Städten sind Polizeigefängnisse eingerichtet worden und sollen Schnellgerichte ermöglicht werden.

gez. Elke Steven
Komitee für Grundrechte und Demokratie
Aquinostr. 7 - 11, 50670 Köln Tel.: 0221 - 97269 -30, Fax: - 31

Es gibt nichts Gutes: außer man tut es!

Hush-Hush Honors for US Military Top Brass

Britain has secretly honored a raft of senior US military and business figures in the past three years, it emerged last night. The recipients include General Tommy Franks, the man responsible for the "Shock and Awe " Iraq war attack plan, and Riley Bechtel, head of the Bechtel Corporation. MPs demand to know why invasion chiefs and billionaire got awards.

Dems Turn to the Home Front

Democrats have a six-point plan in hopes of winning this fall's congressional elections - and it doesn't mention Iraq. The party is pushing higher wages, lower gas prices and cheaper college loans in its "New Direction for America" platform, House Minority Leader Nancy Pelosi of California said in the Democrats' weekly radio address yesterday.

Nearly 100 Former Bush Admin. Homeland Security Officials Cash In

Dozens of members of the Bush administration's domestic security team, assembled after the 2001 terrorist attacks, are now collecting bigger paychecks in different roles: working on behalf of companies that sell domestic security products, many directly to the federal agencies the officials once helped run.

RFK Jr. to bring lawsuits against Diebold and other e-voting vendors

Informant: sasha

Putin: Russia's reserves to exceed debts

We don't need to borrow abroad any more. We are repaying our debts on time and even ahead of schedule," Putin said.

From Information Clearing House

US outflanked in Eurasian energy politics

Curiously and quietly the United States is being outflanked in its now-obvious strategy of controlling major oil and energy sources of the Persian Gulf, Central Asia’s Caspian Basin, Africa and beyond.

U.S. warns N Korea over missile test but tested own missile last wedensday

The US has warned the DPRK of unspecified but negative consequences should it proceed with the test, which may have been scheduled for this weekend.

Taunted and jeered, Bolton bolted

Amidst a rising chorus of taunts, jeers, hisses and outright denunciations, Bolton was swiftly surrounded by his entourage of three American security agents and whisked out the door of the seminar room at Oriel College on Friday, the 9th of June.

From Information Clearing House

Iran: U.S. Making Nuke Talks Difficult

Iran accused the United States on Sunday of steering Europe away from a possible compromise on Tehran's disputed nuclear program.,,-5895046,00.html

From Information Clearing House

How US hid the suicide secrets of Guantanamo

As despair grows within the camp, so too does outrage mount at its brutal and secretive regime.

US military honoured in secret by Britian

It has emerged that Riley Bechtel, billionaire boss of the US-based Bechtel Corporation, which has won big transport and nuclear contracts in Britain and made a fortune from the Iraq war, was secretly awarded a CBE in 2003.

Iraqi detainees held in box-like cells for days

US probe

Iraqi detainees were held with their eyes taped shut in tiny box-like cells for up to seven days at a time while loud music blared at a special operations holding facility, a US military investigation found.

From Information Clearing House

In pictures: Baghdad attacks, horror show reveals Iraq’s descent

A string of bomb and mortar attacks was launched in and near Baghdad, killing about 30 people, injuring scores and leaving scenes of devastation.

Horror show reveals Iraq’s descent

THE morning rush had begun at the health ministry’s morgue in Baghdad, and by 9.30am last Thursday 36 coffins already lined the street outside.,,2089-2230672,00.html

From Information Clearing House


Baghdad Blasts Mock US Claims of Iraqi Progress

Gunmen seized 10 workers from a bakery Sunday in a predominantly Shiite neighborhood in Baghdad, while a car bomb exploded near a university in the northern city of Mosul, killing a woman and wounding 19 other people, police said. The scattered attacks came after a day of unrelenting violence that killed more than two dozen people as insurgents foiled heightened security measures. The renewed violence comes at a time when President Bush was seeking to take advantage of the death of Zarqawi to convince a skeptical American public that the situation in Iraq was starting to improve.

The New York Times: A Long Road Ahead in Iraq

"Rather than engage in a serious debate about America's future course in Iraq, President Bush and the Republican Congress have again opted for sound bites and partisanship," writes the New York Times. "Yet all the choreographed posturing and a one-week flurry of good news cannot blot out the larger picture of dubious trends and dismal prospects. Not only is the glass less than half full. The water level, viewed over months rather than days, is not noticeably rising."

A Plea for Net Neutrality

By Charles Sullivan

The supporters of the telecommunications bill making its way through Congress are shameless promoters of predatory capitalism and they should be impeached.

The Struggle to Recapture our Soul

By Mike Whitney

The “moral squalor” of our political system has never been more evident, and the empty rhetoric of our leaders’ never more vile. It’s more than just a matter of extracting ourselves from the battlefield. Now, it’s a struggle to recapture our soul.

When the horror of Iraq become to much for a soldier to bear?

By Neil Makay

MORE than 6000 men and women have deserted from the US army since the invasion of Iraq in March 2003. In the British forces, the figure stands at around 1000. The soldiers are leaving because they are sickened by the bloodshed in Iraq; because they believe the war is illegal; because they are on the verge of nervous breakdown.

According to the FBI, the Earth Liberation Front is the country's biggest domestic terrorist threat


Don't let the name fool you - a brilliant little piece of GOP Texas Propaganda...

"But you must remember, my fellow-citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing. It behooves you, therefore, to be watchful in your States as well as in the Federal Government." -- Andrew Jackson, Farewell Address, March 4, 1837

Congressman Tom DeLay: everything he did, he did for his People?

Bye, Bye from DeLay: Everything he did, he did for his People! Doesn't that make everyone feel better?

"But you must remember, my fellow-citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing. It behooves you, therefore, to be watchful in your States as well as in the Federal Government." -- Andrew Jackson, Farewell Address, March 4, 1837

From the U.S. Embassy in Iraq, a stark compendium of its local employees' daily hardships and pressing fears

Government has lost the war on drugs except in the sense of more power and money for itself

Informant: Lew Rockwell

On States’ Rights To Protect Life and Health From the Federal Government

Iran has a right to nuclear power despite the propaganda

Honor the Defenders: on those who resisted the invading, occupying federals

Only by engaging moderate Muslims can the West win its war on terror,,2092-2219890.html

Informant: Lew Rockwell

Massacre of Civilians Was Inevitable

Atrocities in the 'Good War'

Ein Kind, das heute verhungert, wird ermordet

Informant: Gerd Zesar

Steinbrück dringt auf Etatkürzungen

Herrschen heißt, Gewalt ausüben; Gewalt ausüben heißt, das tun, was der, an dem Gewalt ausgeübt wird, nicht will, und was der, der Gewalt ausübt, sich selber sicherlich nicht wünscht: Folglich heißt herrschen: einem anderen das antun, was wir uns selbst nicht angetan wissen wollen.

Leo Tolstoj


Independent Media Source

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