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5G rollout planning rules challenged

01 October 2020
Issue: 7905 / Categories: Legal News , Procedure & practice , Judicial review
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Legal action has been launched against the government for abandoning planning permission requirements for 5G mobile phone masts, antennae and cell towers

The government scrapped the requirement in July as the UK prepared for the rollout of 5G. However, campaigners this week lodged an application for judicial review against the decision.

The campaigners argue the government failed to give ‘conscientious consideration’ to consultation responses and that information on the adverse health effects of prolonged exposure to man-made pulsed high frequency electromagnetic radiation was not presented to ministers. Specifically, they claim civil servants withheld vital information from the Secretaries of State as they made their decision to relax planning permission requirements to expedite the roll-out of 5G.

Moreover, they argue the rollout of the technology before potential adverse effects can be independently assessed engages the EU’s ‘precautionary principle’, which would place the onus on the government to prove the technology is safe rather than on the public to prove harm.

The legal challenge is being brought by two campaigners and lawyer Jessica Learmond-Criqui, of Learmond Criqui Sokel, against the Secretary of State for Housing Communities & Local Government and the Secretary of State for Digital, Culture, Media & Sport.

Learmond-Criqui said: ‘It is clear that the consultation process has been completely undermined: the government has now admitted that the scientific evidence about adverse health concerns submitted by these campaigners was never presented to the ministers making the decision. 

‘When questions about risk to public health have been raised, it is simply not right for civil servants to take it upon themselves to withhold vital scientific and other evidence.’  

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