Please don't copy out the letter below verbatim. People in authority or positions of influence discount form letters almost entirely. Instead, please just use this letter as a source of ideas, and write your own letter without sight of it.
Dear ______
I am writing in connection with Network Rail's proposed GSM-R mast at _________.
It is apparently arguable as to whether Network Rail's planned development does fall under the archaic Part 17(A) of the GPDO (conceived long before the advent of microwave communications) or under the more up-to-date and clearly relevant Part 25, which specifically covers microwave antennae. Has _______ District Council taken legal advice on the matter?
Has the Council considered serving an Article 4 Direction to stop Network Rail erecting this mast? South Hams District Council successfully served an Article 4 Direction on Network Rail to prevent the erection of one of these masts in Totnes. Paragraph 46 of Planning Policy Guidance 8: Telecommunications states that "where a particular rural or urban location seems likely to attract obtrusive or inappropriate telecommunications development which would seriously threaten amenity, the Secretary of State will give sympathetic consideration to directions submitted for approval."
You may be interested in the minutes of a committee meeting of North Devon District Council, held on 1 October 2003, which can be found here, in PDF format:
http://www.northdevon.gov.uk/the_council/meetings/2003/minutes/mectte01-10 the-03.pdf
It is reported that Ms Klaasen-Bos, of Network Rail, told the Committee of the Executive that "having taken into account the views of the District Council and various Action Groups, Network Rail no longer considered the GSM-R system appropriate for this line [the Tarka line]. It was therefore now considering installing an alternative option, which would address certain black spots along the line and would have less of an impact upon the environment."
Clearly, planning authorities can have a major influence on Network Rail's plans, if they choose to do so. Maybe you could contact them to find out how they achieved it?
[If you're in an AONB:] Also, you may not be aware of recent legislation concerning Areas of Outstanding Natural Beauty (which includes _______): Section 85 of the Countryside and Rights of Way Act 2000 states that "a relevant authority shall have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty". "Relevant authorities" include statutory undertakers (which includes Network Rail) and local authorities. It would be helpful if you would point this out (with some emphasis) to Network Rail.
Finally, can please you ask your Planning Department to supply (or ask Network Rail to supply) a complete list of sites in our district where Network Rail are proposing to erect GSM-R masts?
Yours etc
Your name
Your address (within the Councillor's ward)
