ENFORCEMENT action could be taken to remove a contentious phone mast erected using 'emergency powers'.

The Vale Royal Borough Council is contesting the claim made by telecommunications company mmO2 that the need to test the TETRA police communications system constitutes an emergency.

Planning permission was refused for the mast at Gorstage Hall Farm in January but mm02 went ahead anyway, citing an emergency need to test the system, which allowed them to bypass the planning process.

A spokesman for VRBC said: "As there is no statutory definition of an 'emergency' for the purposes of telecommunications developments, the council is considering the response from mmO2 along with the legal advice received by a consultant solicitor.

"The council has also written to the Association of Mobile Phone Operators to ascertain what it would term an emergency.

"Upon receipt of this information, a decision about whether to enforce removal of the mast will be taken."

The controversy surrounding the mast continued last week when mmO2 failed again to secure a permanent site for the development.

VRBC's planning committee refused planning permission for the mast to be sited on the Cuddington water tower on the grounds that it was a risk to the health and safety of residents and would result in a loss of visual amenity.

Although the decision was welcomed by residents who had opposed the plans, it does mean that the Gorstage Hall mast remains where it is until permission is given for a permanent site.

Ann Casson regional communications manager for mmO2, said: "We were extremely disappointed that it was refused because the water tower had been suggested by the council's planning officers as the site already has the masts of three other operators and this would fall within the Government's guidelines."