DAVID H. Foss of Tottington (Letters, July 20) claims that Bury Council was acting illegally in the way that it deals with applications for telecommunications masts. However, there are a number of inaccuracies in his letter.

Mr Foss, writing about the application for a mast in Whitelegge Street, Bury, said that residents in Stockport are taking legal action against their council. This is not correct. This matter there was three years ago and did not proceed to trial.

He also said that Harrow Council had turned down masts on health grounds this year and had won at appeal. This is not correct. Over the last year Harrow Council has not been involved in any planning appeals involving telecommunications masts.

This information was confirmed by the relevant officers in each council this week.

It is correct that the Newport case, which incidentally involves chemical waste and not a telecommunications mast, confirms the legal principle that fear, rational or otherwise, or the perception of a health risk, is a material consideration for the decision-makers. Bury Council's written policy on telecommunications masts also states that health fears are a material consideration.

However, the weight to be attached to that material consideration, as in all planning decisions, is a matter for the decision-makers to assess. Additionally, where the developer's proposals meet international guidelines for public exposure to emissions from mobile phone masts then, according to government guidelines, there is no need for the decision-makers to consider the matter further. In other words, greater weight should be attached to the professional views of national and international organisations who have examined the effects.

In the case of this particular decision, the council did not ignore the expressions of concern by residents. These perceived fears were taken into account and given due weight and, when balanced against the benefits of the development and the developer having confirmed that the emissions from the proposed development would be well within international guidelines, the application was approved. The council did not act illegally.

DEBBIE WILKES,

solicitor (planning), Bury Council.