IT NEVER loses its leaves and doesn't sway in the wind -- the telephone mast that nobody was supposed to see has prompted protesters to claim: "It sticks out like a sore thumb."

The Orange Communications "tree" complete with realistic leaves has been installed on land at Clough Bottom, Broad Oak on the Accrington and Baxenden border.

Orange applied to erect what is known as a 'stealth tree' mobile phone mast after plans for the conventional pylon-style were refused by Hyndburn Council on the because it would spoil the countryside.

But some residents nearby still say the fake Scots Pine is still just a blot on the landscape.

Today it emerged that Hyndburn Council is due to measure the false tree amid concerns it has exceeded its 15 metre height restriction.

And a local councillor admitted planners were powerless to stop the mast being erected because Orange had made an effort to disguise it.

Residents could not object on health grounds, even though they were concerned about potential radiation emissions and links between that and cancer, because there is no evidence masts are harmful and they are deemed safe as long as they follow safety regulations.

Planning officers are hopeful that by the summer the mast will blend in with nearby trees. And Orange has insisted it already fits in with the local environment and that false trees are the solution to the problem of obstructions on landscapes.

Residents whose homes back onto the land are already putting together a letter of complaint to try and get it moved.

Ann Hibbert, of Waltham Close, said: "I have spoken to the local councillors about this. "I won't rest until something is done. It is a monstrosity. "Myself and some other residents are getting a committee together to protest about it. We had a magnificent view -- which was why we bought the house -- but this will take thousands of pounds off the property value."

Geoffrey Ormerod, 76, retired, of Woodfield Avenue, Accrington, said: "I thought it was a Christmas tree going up at first. Nobody seemed to know what it was exactly. It looks a bit daft really but it's better than a normal mast I suppose."

Diane Havlin, 36, new mother to baby Laiken, of Sherborne Avenue, Baxenden, said: "We said we didn't want it at first and wrote letters of complaint but it looks like we have no choice.

"We are most worried about the health effects as we are the nearest to it but it sticks out like a sore thumb as well and ruins the landscape." But a tree surgeon working nearby had to look twice before he twigged that the mock Scots Pine was not for real.

Gareth Leyland, 31, of Abbey Place Darwen, was cutting back trees in a garden backing onto the site when he realised it was not moving despite high winds.

He said: "It had me fooled for a minute though as it is very realistic. But I wouldn't fancy taking my chainsaw to it as it would probably break the teeth."

Coun John Griffiths, a ward councillor for the area, said he successfully fought against the original pylon style mast, but said: "Under present planning law it was difficult to refuse this because we can only object on health grounds or visual impact, and as they said they would blend it in with the landscape it was difficult to object to this.

"There is a lot of emotion about the health issue, but guidelines from world health organisations state that, provided the mobile base stations operate within international guidelines, there is no perceived health risk to the public."

Brendan Lyons, head of planning services, said: "This has been a first for Hyndburn and the telephone company made a convincing case that it should be considered which is the basis on which it was approved.

"It has been successful in that the gear that goes with it is very well hidden in the foliage of the tree and the shape is not unnatural. It is just the size of it that makes people look twice. "We are checking on the height of it. If it's too big there would have to be a fresh planning application for it.

"We always knew that it would be more prominent in the winter. The judgement is really whether a mast would have looked better."

A spokesperson for Orange Communications said: "This is certainly not the first stealth tree mast we have fitted.

"They are now becoming a solution to the problem of objections raised about obstructions on landscapes."

"Orange has introduced a range of pioneering initiatives designed to ensure that our transmitter sites fit into whatever environment they are in.

"In planning the location of our sites we aim to be as sympathetic to the environment as possible."