A LEGAL loophole may help angry residents get an ugly mobile phone mast, which has sprung up on their doorsteps, removed.

Chester City Councillor Caroline Mosley and her Upton Parish Council colleague Cllr Pat Lott think telecommunications company Hutchinson 3G has put up its mast without permission.

They, along with dozens of Upton residents, are calling for the mast to be banished from city council land on the corner of Newhall Road and Handford Road.

'The question is whether the city council gave permission for the company to build on its land,' said Cllr Mosley. 'Council officers are looking in to it, but have no reason to believe they did.

'If permission to build on the council's land wasn't given then it should go now. And if someone did give permission, then I want to know who.

'They should be made publicly accountable. Local people deserve to know.'

Residents of Upton have spent the last 12 months campaigning against the mast and even sent a petition with 200 names on it to the city council and Hutchinson.

But in October work started on the mast anyway. The project is still incomplete and for nearly two weeks the area has been left surrounded by construction barriers.

Mobile telephone masts come under the planning laws as permitted developments which means the Government has ordered that councils cannot refuse planning permission for them to be put up.

However, no individual or organisation has to give permission for someone to build on their land, regardless of any planning permission obtained.

The possible failure to apply for permission in this case may just provide the loophole needed to get the mast removed.

Cllr Mosley added: 'Residents do not want this mast. It is ugly, totally inappropriate for the site and potentially harmful to health.

'If the mobile company have not requested permission to build on the council's land then I am urging officers and leaders to order them to remove the mast.

Cllr Lott took the issue to a recent Upton, Newton and Hoole Local Panel.

'If we can persuade the council to order the removal of the mast it will be a great victory for me and the people of Upton who have been working with me,' she said.

'People's wishes are too often ignored, but this time I intend to ensure our voice is heard.'