Email of  12th may 2004

URGENT APPEAL

I believe this is the first time Mast Sanity has called on campaigners across the country to support us in raising money so we can finally have an impact on legislation. 

Because of the fantastic efforts of a campaign in Bardsey, WE HAVE AT LONG LAST THE GREATEST OPPORTUNITY WE HAVE EVER HAD TO GET RID OF THE INFAMOUS DEEMED CONSENT 56 DAY LOOPHOLE.  WE CANNOT LET THIS PASS. 

The Bardsey Campaign has applied for judicial review to challenge the legality of a mast which was erected by default.  The 56 day loophole is one of the most shameful abuses of an already abusive legislation.  If we win, this could be the beginning of much wider legislative change which will help all of us to get a safer and more ethical system in place. These battles are won when people unite and support each other.  We have to fund the campaigns who are fighting on our behalf.  Mast Sanity and the Bardsey Campaign need us.  They cannot go on without our help.  Mast Sanity has supported thousands of you and now it is at a cross roads.  We can move forward to success or retreat into failure.  It’s your choice and your responsibility.   But if YOU do not donate something now, Mast Sanity will fold and the Bardsey Group (and therefore hundreds of others) will also fail.  We will all be back where we started, isolated, fractured and powerless.  The Government and the Operators will have won, and we will have handed them the victory.  I do not want this on my conscience.  And I absolutely refuse to believe that we are so lacking in spirit and in honour that we will allow it to happen.

NOTE : The local Bardsey people are taking this action to help the hundreds of other cases of this kind in the country who will benefit if they win and the 56 day loophole is proved to be incompatible with Human Rights Legislation.   Sadly, they may not gain the removal of their own mast through this case, because of the nature of the application.  There is a chance it may happen but more likely the case will be reheard. 

They  have employed Alastair Wallace of Public Law solicitors, and obtained the opinion of top barrister David Wolfe, who has given a positive opinion. They are now preparing for their Leave hearing on Monday 17th May.  We all believe there is a strong chance of success.   

The decision now is whether to proceed if leave is granted.  They intend to take the case forward through insurance. This means they pay a sum of money which covers them for all costs if they lose.  However if they win and costs are awarded, they are hoping to refund all donations over £20 pro rata.

The action the Bardsey Campaign is taking is not through legal aid but through personal funds.  The local people have already spent £10,000 to get to this stage.  They accept this cost willingly but know that they cannot raise all the required amount for the insurance payment if they get Leave.  There is only a short time allowed before proceeding, and they have to know that we can all pledge that money for them.  

Mast Sanity has already assisted by paying for the barrister’s opinion.   Planning Sanity is also giving as much as possible.  However donations are at an all time low and we have approx £250.00 in the bank. With net charges and telephone line charges being paid in the next month or two (and an increase in payment as a result of the number of people visiting our site) we simply cannot afford to give any more.

Those of you who think they will not gain personally from this particular case, are wrong.  A high profile legal decision in our favour adds tremendous weight to Mast Sanity and its ability to represent and support ALL groups.   We spend an awful lot of time telling the media we are not NIMBYs.   Now we have to prove it.  It’s time to show that we really want national change and we’re determined to get it.  If everyone of us sent in a personal donation of £10 or £20, the money could be raised over night.  What a small amount for such a huge reward!                

THIS IS THE FIRST CHANCE WE HAVE HAD TO GET MAJOR LEGISLATIVE CHANGE. 

Cases before this have just challenged interpretation of planning guidance and have not had great significant impact.  IF WE WIN, THIS WILL.   It may result in lots of masts coming down (though probably not the Bardsey one) and it will mean that in the future there will be no more victims of the 56 day loophole.   The Bardsey Campaign has already spent a huge amount of money on something that may well only benefit others.  Let’s give them our thanks and support their determination to get change for us.

 Mast Sanity volunteers have had little support or help from others over the last couple of months, even though calls to our helpline and emails to our area coordinators are up 10 fold as well as the hits on the website.  We have approached a number of high profile campaigners across the country, who we have helped in the past, where we know donations to the local cause have been huge; all have refused our request for help.

We can’t go on like this.  It is very demoralizing for the few people who work so hard to help others, to feel that it is all one sided.  Those who take our advice, which is freely given, don’t seem to realize that we rely entirely on their voluntary financial support in order to survive.  Expenses are currently not being paid to any of our volunteers.

WITHOUT THIS SUPPORT,  MAST SANITY CANNOT PUSH FOR CHANGE IN THE LEGISLATION WHICH ENABLES OPERATORS TO RIDE ROUGHSHOD OVER LOCAL COMMUNITIES.  WE NEED YOUR HELP TO URGENTLY RAISE £10,000 IN CASH OR IN PLEDGES FOR THIS LANDMARK LEGAL ACTION. 

The Operators know they can frighten us off by threatening the costs of legal action.  The Government/Industry alliance depends on public fear and apathy.  They don’t expect us to fight back and thy certainly don’t expect us to act collectively in support of campaigns in other parts of the country. This is why they treat us with such contempt and it is why they always win.   Now at long last we have the chance to turn the tide. 

WE have to stand up and be counted… ‘ALL IT TAKES FOR BAD MEN TO SUCCEED IS FOR GOOD MEN TO DO NOTHING.’ 

If sufficient funds aren’t raised and the case is dropped then money will of course be returned, so please include your name and address.  As we are asking for donations to support the second stage of this action we DO NOT intend to cash the cheques until this action has obtained Leave stage and the decision made to continue.  If you wish any unused donation to be donated to Mast Sanity please let us know.

Please  register your campaign if you haven’t done so already and please join the nationwide support network that has been set up for your benefit. Please volunteer to help Mast Sanity continue and continue to build on the respected position we have worked very hard for.

WE ASK YOU TO PLEASE ACT IMMEDIATELY!!!  Make cheques payable to Mast Sanity, marked ‘56 Day Legal Fund’ and send  to Mast Sanity, 32 Seven Stiles Drive, Marple, Stockport, Cheshire.

Email of 30th May 2004

Urgent Appeal - UPDATE

First of all let me say a huge thank you for all the donations sent as a result of our appeal for funds.

Many of you and your contacts will now have heard that the Bardsey group was refused Leave on the 19th May. 

We are now going to fight that decision. 

Interestingly, during the case the Judge made a significant statement.  He informed The Bardsey Campaign that they could seek redress against the Council’s maladministration.   This is surprising because they had been advised that they could not judicially review the Council’s decision, as it was an ‘approval’, in legal terms. This contrary view by the Bardsey Judge, is in keeping with Judge Hooper’s decision in the Gerrards Cross Leave Hearing, and this could now provide a valuable legal avenue that other campaign groups might want to pursue.

The Judge showed great sympathy for the people who had to suffer as a result of this loophole. He recognised and appreciated the "terrible state of affairs" which the residents found themselves in, but also stated that it was clear it was the Government’s INTENTION that this loophole exist.   He said,  "(Parliament) rightly or wrongly believes that it is in the public interest to allow these masts to be erected with limited means of objection if not done properly."

Barrister David Wolfe is of the opinion that this decision could be successfully appealed and has offered to continue the case on a "no win no fee basis".   He believes that the decision is wrong and that human rights legislation  must be presumed to be relevant to UK legal decisions, unless it is explicitly stated that the case is exempt.  He is confident that this can be argued at appeal with a good chance of success.

This means that Bardseymasts can continue the legal challenge, but will still need to raise £10,000 to cover insurance costs if Leave is given at the next stage.

Bardseymasts have decided that if the Barrister’s opinion is that this challenge could succeed, then they should continue as far as their finances will allow.  If Bardsey are forced to pull out now at this crucial stage, through lack of funds, then the Operators will triumph, and ALL of us will suffer the consequences.  
It will take another group potentially 2 years and £20,000 to reach the stage we are now at with Bardsey.  

The implications of this case are so significant in its potential to block the 56 day loophole through which so many "refused" masts are erected, that it was never going to be easy.  Clearly there are powerful forces which do not want us to succeed. 

We must send a message to the Government and the Operators that the British people refuse to be victims and guinea pigs.  We will not provide them with their billion pound profits at the expense of our health and our safe environment.  They must take notice that we are a force to be reckoned with.  If we pull back now, we have handed them not only this victory, but possibly future parliamentary legislation that could protect us.   

Those who, perhaps understandably, have a negative view, are playing into the hands of very dangerous people, and very dangerous technology.  They have four weapons of mass destruction which they rely on for our defeat -  Fear, Apathy, Pessimism, and Exhaustion.  Are we going to let them win?

Bardsey can only continue if the funds for the insurance /costs can be raised. As a result of the last appeal you have raised £2,000.  It was a great effort, but we need more!

All but 10 of our political representatives have just let our single biggest chance to change mast planning legislation and thoroughly embarrass the Government, slip through their fingers( They didn’t turn out to vote on the Richard Spring bill).   We should make all those MP’s aware that they have failed us, and that we will make sure their failure is reflected in our vote.  We cannot trust them to legislate for us, so now we must do it ourselves by continuing this vital support.

If you did not donate to this action because of negative media reports, please remember that these are  well known Government and Industry tactics to get the result they want.  Don’t be fooled by them!  If a barrister of David Wolfe's standing is prepared to waive his fee to get this case pushed forward then