BT CELLNET has appealed to a Government inspector after concerned residents fought to block plans to build a mobile phone mast in Fulford.

The company has lodged the appeal against City of York Council's decision to refuse permission for the mast, which was planned for the corner of Broadway and Heslington Lane.

The original application was turned down in September last year after pressure from dozens of residents and their MP, John Grogan. More than 100 letters of objection referred to uncertainty about the mast's effect on health. City of York Council refused the application because of its prominent siting and visual impact. The council is not allowed to refuse such applications on health grounds because no link with illness has been proved. But one Fulford resident has written to the authority, asking if insurers would cover future claims against the council if they do turn out to be unsafe.

Andy D'Agorne, who lives in Broadway West, said: "The proposed mast would be on council land. While the council cannot take health into account as a planning authority, it could do so as a landowner and custodian of council tax payers' money that might be at risk from any damages claim."

"I understand that most insurers exclude cover for the effects of microwave radiation," he said.

"If this is the case in relation to City of York Council, the erection of mobile phone masts on council land could render the council liable and thereby put council tax payers' funds at risk in the event of future claims. We believe that, given the absence of long-term studies on the health effects of current generation transmissions, the council has an obligation to adopt a precautionary approach, both to its population and to its assets."

The appeal is expected to be decided by an inspector who will consider written statements and carry out a site visit.

A council spokesman said: "We have to consider this under current guidelines, and they don't allow us to consider health implications at all in this sort of application."

A spokeswoman for BT Cellnet said: "There is a great need for additional coverage in the area for our customers. We only build sites where they are absolutely necessary and where there is a lack of service for customers. We're confident that there's no evidence of any risk to health from these sites."

Updated: 15:49 Wednesday, February 13, 2002