I REFER to the recent letter from Brian Daniel, planning and economic development officer of Bury MBC, claiming that the health aspect cannot be grounds for the council to refuse an application for planning permission to construct a mobile phone transmitter mast.

I regret that such a claim - in my view - continues the general policy of the council in misleading the public in this matter.

The government statement he quotes is a directive (PP8 paragraphs 97-101 to be precise). It is not a statutory mandate, as written in an Act of Parliament, and it is therefore open to a local authority to decide whether or not to comply with it. Some local authorities, according to your correspondents, have shown the moral courage to give the health of their citizens priority over the procurment of money for the Exchequer, acquired from franchises allocated to mobile phone companies.

They have challenged the planning applications for 3G transmitter masts on the grounds of the perceived dangers to health caused by pulsing radiation emissions from the masts. Bury MBC has chosen weakly to acquiesce with the Labour Government line.

Who will be the casualties of this foolish and lethal policy that perceived dangers do not exist until real events prove otherwise? It seems common sense to me that it will be those whose cells are not fully formed, and those whose bodies have developed, for whatever reason, a weak immune system. Clearly, the most vulnerable are the elderly, the sick, and the young in our society.

Section 7 of Part 3 of The Childrens Act 1989 lays down a specific duty to be carried out by local authorities. It is to protect children in their area against significant harm and/or abuse or risk therefrom.

It is worthy of note that The Childrens Act 1989 stands apart from other legislation in that the perceived risk of harm, or the perceived occurrence of harm having taken place, does not have to be proven beyond reasonable doubt. It is sufficient that there is a likelihood of perceived risk of harm, and the standard of proof is on the balance of probabilities.

This leaves any local authority as its own judge and jury in the matter of its culpable negligence in regard to physical harm from pulsing radiation emissions from mobile phone transmitter masts. In the case of Bury MBC, the consequences for the vulnerable citizens are dire.

DAVID H. FOSS,

Layfield Close, Tottington.