In place for 18 years - but Scarborough man told amateur radio mast 'not lawful'
A Newby man who has had an amateur radio mast in his garden for almost 20 years has been told the communications aerials are not lawful.
The amateur radio enthusiast near Scarborough, Gary Michael Ellis, has had a mast and poles at his house since 2008 but may soon have to remove the structure following a ruling by local planning officers.
Although neighbours said they were not impacted by the mast and confirmed that it had been in place for 18 years, Mr Ellis, who lives at The Uplands in Newby, may have to seek retrospective planning permission in order to continue his hobby.
Mr Ellis had applied for a lawful development certificate for the existing amateur radio mast and poles from North Yorkshire Council in the hope that no enforcement action would be taken by the authority.
This would have required Mr Ellis to produce “sufficient evidence” to prove that the current amateur radio mast and poles had been in place for more than four years.
While officers did not dispute that a radio mast had been in place for almost two decades, they said that recent changes to its design had “materially altered the development” and led them to refuse the application.
Mr Ellis said: “I can confirm that the amateur radio mast has been in situ since 2008.
“The mast was repaired in 2023/2024, and I can confirm that it remains in the same position as it was in 2008 and is at the same height.”
A neighbouring resident corroborated the statement, telling the council: “I can confirm that the amateur radio mast has been in situ since 2008.
“I am aware that the mast was repaired in 2023/2024, and can confirm that it remains in the same position as it was in 2008, and is of the same height.
“I might add that I do not have any issues with the mast, aerials or the carrying out of my neighbour’s hobby and we are not bothered about it one bit.
“Until being asked to make this statement, I have not been aware of anyone in the locality who has had such concerns since the mast was installed back in 2008.”
A planning report acknowledged the statements but noted that they were “not sworn affidavits”.
Officers said that “while the height of the radio mast has not changed over the years, its design and appearance have, and as such the current development has only been in situ since 2023”.
They concluded: “The mast has materially changed enough to be considered a separate development and therefore not in continuous use.”
The application was refused on Friday, July 10, and officers noted the decision did not prevent the applicant from obtaining retrospective planning permission.