ATTEMPTS by anti-mobile phone mast protesters to use human rights legislation to stop a mast have failed.

Residents trying to prevent Orange from upgrading its mast at the Thames Water pumping station in Lower Station Road, Crayford, sent a solicitor's letter to Bexley Council claiming the granting of planning permission would breach their human rights.

One of the residents, Pauline Collins, told last week's planning committee that people living near the pumping station “had the right to live without that monstrosity looming over them”.

She cited the case of one elderly resident who has just had a pacemaker fitted and has been told to keep away from aerials. She said his life was being ruined by the fear that his pacemaker could fail through living near the mast.

Mrs Collins said the council had to take into account the public's perception that the mast would be a health risk as well as spoiling their visual amenity.

Crayford councillors Tonya Kelsey and John Shepheard voiced their concerns. Cllr Kelsey said: “There needs to be a great deal more thought before planning permission is given.”

Councillor John Easthaugh said the rise and fall of the land in Lower Station Road meant several houses were at eye-level with the mast.

Officers advised that under the Human Rights Act, the council had to balance the right of the applicant against those of the protester.

Cllr Nick O'Hare urged councillors to do the same as Kent County Council and adopt a precautionary approach.

But the application was approved by eight votes to five.

l Two other mast applications were also approved. Orange was given permission to upgrade its equipment on the top of the squash courts in Station Approach South, Welling, and BT Cellnet to put attennas and cabin equipment on the 16th floor of Marlowe House, Station Road, Sidcup both of which already contain several other masts.