Digicel told to remove phone mast after planning row

It is the second time the firm has been told to remove the mast in the last eight months.

The telecommunications firm has said it will fight the latest order — which comes after Minister Glenn Blakeney dismissed their appeal to get planning permission — and take the case to the Supreme Court.

Licence

The Department of Planning launched an investigation into the mast on Knapton Hill, Smith’s, last summer following a complaint from a member of the public.

They found a 23ft pole had been erected by Digicel with the agreement of the landowner, Michael Markham, to provide extra signal coverage across the island.

Planners could find no evidence of a planning application or a telecommunications licence.

A retroactive application was submitted but later withdrawn after Digicel was told a zoning order was in place at the property that prohibited its use for trade or business.

But the mast was not removed — it was replaced by one 12ft taller.

Planners served an enforcement notice in February ordering the removal of the mast and antenna.

In March, a company called Compu-Cad Ltd made a retroactive application on behalf of Digicel to retain the structure.

But the Development Applications Board refused the application on the basis it was contrary to the zoning order and had an “adverse visual impact” on neighbouring property.

The board expressed concerns that Digicel had shown “a blatant disregard for the planning process”.

Digicel then appealed the decision to Minister Blakeney, who dismissed the appeal at the beginning of September.

The Department of Planning has now written to Digicel to advise them they have to remove the tower by the end of this week. If they do not, the department can take them to court for non-compliance with the notice.

Kim Bennett, assistant director of planning, told the Bermuda Sun: “We are pleased the Minister and his Inspector agreed with our opinion that the tower was contrary to the provisions of the zoning order and also had a significant detrimental impact on the adjacent property.

“We hope the decision will send out a strong message to those who abuse the planning system by starting to build before they have permission. In instances such as this, they will incur huge costs in having to rectify the situation.

“We stress again the need to discuss proposals with the planning department before going ahead with any works.”

Appealed

Digicel said they had appealed the case to the Supreme Court.

A spokesman added: “Digicel has appealed the Minister’s decision with regard to the Knapton Hill site with the Supreme Court of Bermuda.

“Given that the case is pending, it would not be appropriate to comment further at this point.”

Mr. Markham said he had no intention of acting improperly.

He added: “I am just trying to be a responsible member of the Devil’s Hole community.

“My understanding is that further studies were to be done because of a complaint about whether the tower was safe.

“Digicel needs to go back to the Minister to see if those checks were done.”