Q: I’ve just found out a phone company wants to build a new 3G tower about 200 metres from my house. I’m concerned about the health effects of electromagnetic radiation. What can I do to stop the tower being built?

A: We can’t comment on the health aspects of mobile phone towers, except to say that communications carriers are required to comply with the exposure limits in the Australian Communications and Media Authority’s Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003. We can, however, tell you about the legal process the companies – Telstra, Optus, Vodafone and Hutchison – have to go through to get approval for a transmitter.

Most mobile phone towers are less than 6.5 metres high and are classified as so-called low impact facilities. They may make use of small antennae, such as radio communications dishes, erected on existing towers or buildings, and do not require planning approval. There is an industry code that covers the steps communications carriers must take when deciding where to place these facilities. The code requires carriers to notify the local council about the proposed installation, and to notify the council about its community consultation plan. If it appears that a community has not been consulted, there may be grounds to appeal the installation of a low impact facility.

For larger mobile phone towers, which are generally 25-30 metres high, companies must submit development applications to local councils. We are not aware of mobile phone towers being prohibited in any local environmental plans or development control plans, even close to schools or on rooftops in areas of high density housing. However, in deciding where to locate base stations, the companies are required to comply with the exposure limits in the standard. It does not specify minimum distances between towers and schools or houses.

In evaluating development applications, councils must consider a range of factors including the likely environmental, social and economic impacts, the suitability of the site, and the public interest. Where councils have refused applications for towers on any of these grounds in the past, courts have upheld appeals by the companies. The only times residents or councils have won are when the company has not gone through the proper process to obtain consent.

The best way for residents to have a say about towers over 6.5 metres high is when local environment plans or development control plans are being prepared by councils. If you are concerned about the health impacts of radiation, you can ask for towers to be prohibited in particular zones, or within a certain distance from schools or houses. It’s ultimately up to the Minister for Planning, though, to decide what is included in a gazetted LEP.

This is general information only. To have questions about any planning or environmental issue answered in The Echo, please email edonr@edo.org.au. For detailed legal advice about any specific issue, contact one of the solicitors at the Environmental Defender’s Office Northern Rivers on 1300 369 791 (local call cost).