The Cheltenham Cell Mast Case – Steven Thomas challenged the installation of a 15-meter telecommunications mast in Cheltenham’s Central Conservation Area. The case: [2025] EWCA Civ 259.

Mr. Thomas opposed the mast due to concerns about EMFs, particularly their effects on individuals with medical implants like pacemakers. The legal challenge was prompted by the decision of the Cheltenham Borough Council that the development did not need prior approval.

High Court Judgment (2024)

The High Court ruled in [2024] EWHC 1035 (Admin) that the council made an error by failing to consider the potential impact of EMF on individuals with medical implants. However, it denied relief, ruling that the final decision would have remained unchanged even if the issue had been addressed.

Court of Appeal Decision (2025)

Thomas appealed the ruling, but in [2025] EWCA Civ 259, the Court of Appeal upheld the decision. While the council had made a procedural error, it did not affect the approval of the mast. The appeal was dismissed, and the decision of the council stood.

Full case details

Case background

Winning the Battle but Losing the War

•The battle was won: The Cheltenham Cell Mast Case proved that Cheltenham Borough Council made a procedural error by failing to consider the impact of EMFs on individuals with medical implants.

•The war was lost: Despite this, the court did not overturn the decision by the council or stop the approval of the mast.

Public Health Concerns

This case underscores the need for local authorities to consider public health concerns, particularly for potentially vulnerable individuals, in telecom planning. However, it also shows that if the overall outcome is deemed justified, procedural errors may not change the final decision.

ICNIRP and RF- EMF Exposure Risks for Implants

RF- EMFs can interfere with active implants. This is acknowledged by the International Commission on Non-Ionizing Radiation Protection (ICNIRP). ICNIRP considers such exposures outside the scope of its guidelines. Medical professionals and manufacturers are mostly responsible for the management. (Ref: Guidelines for Limiting Exposure to Electromagnetic Fields (100 kHz to 300 GHz))

Everyday Devices

Smartphones, wearables, and audio devices emit electromagnetic fields. These fields can affect medical implants. For example, Apple advises users with pacemakers or defibrillators to maintain a safe distance from their devices. (Apple Support).

Key Takeaways:

• Councils should consider EMFs and medical implants—this case confirms that failing to do so can lead to legal challenges.
• However, overlooking these concerns may not always overturn a decision. The court ruled that officials would have approved the mast regardless.
• Future legal challenges may have a stronger case if it can be shown that the outcome could have been different had EMF risks regarding implants been considered.
• This case could set a legal precedent, encouraging councils to take specific EMF-related health concerns more seriously in planning decisions.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers should consult a qualified legal professional for specific legal concerns.

Related https://www.emfsa.co.za/research-and-studies/titanium-exposure-and-human-health/

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Public safety is paramount.

Link to the newsletter:

https://mailchi.mp/emfsa/public-safety-modulation-legal-alan

The post EMFSA April 2023 Newsletter appeared first on EMFSA.

The judge has ruled in favor of the government.

Date of judgment 8 March 2023.

We note (as per the judgment):

•”A judicial review is not an appropriate vehicle for determining contested scientific material”

•”Not a case in which the High Court should intervene in respect of a decision that involves issues of technical scientific judgment.”

•”The government has adopted a precautionary approach in its messaging. Although it believes 5G is safe, out of an abundance of caution and on conservative principles it has suggested that those who are worried could, for example unplug the router at night, or not sleep with their mobile phone by their bed and to use their device further away from their body.”

•“Finally, I observe that the individual complaints of adverse health effects may give rise to private law claims for personal injury if those concerned are able to obtain the necessary medical and scientific evidence on causation, and identify appropriate defendants. This may be a more appropriate route than a judicial review and human rights claim, but, of course, that is a matter on which the claimants should seek their own legal advice.” (Lang J)”

Judgment:

https://www.bailii.org/ew/cases/EWHC/Admin/2023/495.pdf

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THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
UPPER TRIBUNAL CASE NO: UA-2022-000328-HS
[2022] UKUT 193 (AAC)
EAM V EAST SUSSEX COUNTY COUNCIL
Decided following an oral hearing on 11 July 2022

The decision is: the local authority must secure that an EHC plan is prepared and
maintained for the child.

Excerpt:

H. The child is disabled

I. The provision of a wired internet connection is educational provision

27. The child’s problem with electro-magnetic radiation affects her life generally and
    limits her normal day-to-day activities – the Equality Act test. It applies at school, at
    home, and when she is out in the world. When at school, her problems with
    communication and making use of the computers are a direct result of the use of wifi
    in schools. The only solution available has to be provided in the school. It is not
    transferable to any other location, although it may need to be replicated elsewhere. I
    cannot see what other provision would be effective to avoid the problem or overcome
    its consequences.
28. This is not simply a case of a child being unwell and finding it difficult to
    concentrate. There was evidence from two educational psychologists both of whom
    found her and her parents credible in describing her symptoms. The tribunal
    (paragraph 47) accepted their evidence too and described her symptoms as
    ‘debilitating when they occur’, which they did to such an extent that she ‘was out of
    education for a whole academic year.’ Those symptoms were not unique to a school
    environment. But when they occurred in that environment they arose from the school’s
    choice of the medium for providing education. In those circumstances, some provision
    is required to render the education effective.

Authorised for issue on 18 July 2022

Edward Jacobs, Upper Tribunal Judge

More on the topic:

Upper Tribunal requires council to secure EHCP for student who is hypersensitive to Wi-Fi signals

https://www.localgovernmentlawyer.co.uk/education-law/394-education-news/51400-upper-tribunal-requires-council-to-secure-ehcp-for-student-who-is-hypersensitive-to-wi-fi-signals

Related:

The post UK Upper Tribunal: Education, Health and Care Plan for an Electrohypersensitive Child appeared first on EMFSA.

The WHO (2006) explains how the use of the words guidelines and standards has substantially different implications for public health and EMF radiation protection enforcement:

1. Guidelines are voluntary instruments of instructions and recommendations that are not legally mandated and therefore have no legal standing.

2. Standards are the mandatory, compulsory and legally binding instruments, i.e., laws, acts, regulations, ordinances and decrees.

They require procedures and systems to exist in order to ensure compliance with mandatory standards, i.e., an agency is mandated to check compliance through calculations and measurements in the workplace, residence and other vulnerable areas.

In summary, a standard has mandatory and legally binding instruments, monitoring and enforcement systems.

Identified were municipalities advertising having a “standard” in the form of a Telecommunications bylaw however, the municipalities purposefully do not meet the criteria to qualify as a standard but instead as a guideline.

We shall use the simple example of traffic law and bylaws. Every vehicle within the municipality must be registered and be licensed. The operating of said vehicles requires the operator to have a license that must be renewed and updated regularly. Different zones have different operating requirements such as speed, emissions, weight class, noise etc.…. There is a monitoring system through cameras, traffic inspector officials, and the public.

Finally, there is enforcement in place through fines, inspections, confiscation and court appearances. 

Furthermore, outside parties can obtain access to verifying the operations of the standard and contribute to efficacy, enhancement and progressive development.

The WHO states there is to be no internationally mandated EMF radiation standard but recommends that countries adopt their health-based EMF radiation standard from the large selection of international guidelines published, based on their tolerance of risk value toward accrued benefits to health. It could be argued that EMF radiation protection and interpretation would fall into existing legislation in South Africa with there being no national EMF radiation exposure safety standard in the country. The argument is based on the false sense of safety associated with the lack of a standard and consequently lack of surveillance of EMF exposure to the public.

Because it cannot be denied that there is the potential of harm from exposure to EMF radiation, legally binding exposure standards have been established in many countries worldwide.

Source: https://bit.ly/3HkQ4vh

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Press Release:

https://phiremedical.org/wp-content/uploads/2022/06/Press-Release-EHS-Social-Worker-granted-long-term-ill-health-pension-UK-Named.pdf

The post 59 year old social worker wins ‘early ill health retirement’ for disabling ‘Electromagnetic Hypersensitivity (EHS) appeared first on EMFSA.

The link to the webinar is available to members at https://www.buymeacoffee.com/EMFSA/webinar-eht-vs-fcc-context-applicable-sa

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Excerpt from the ruling:

We grant the petitions in part and remand to the Commission. The Commission failed to provide a reasoned explanation for its determination that its guidelines adequately protect against the harmful effects of exposure to radiofrequency radiation unrelated to cancer.

It must, in particular, (i) provide a reasoned explanation for its decision to retain its testing procedures for determining whether cell phones and other portable electronic devices comply with its guidelines, (ii) address the impacts of RF radiation on children, the health of long-term exposure to RF radiation, the ubiquity of wireless devices, and other technological developments that have occurred since the Commission last updated its guidelines, and (iii) address the impacts of RF radiation on the environment.

To be clear, we take no position in the scientific debate regarding the health and environmental effects of RF radiation—we merely conclude that the Commission’s cursory analysis of material record evidence was insufficient as a matter of law.

Background https://ehtrust.org/in-historic-decision-federal-court-finds-fcc-failed-to-explain-why-it-ignored-scientific-evidence-showing-harm-from-wireless-radiation/

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The publication is available from https://shop.icrc.org/icrc-position-on-autonomous-weapon-systems-pdf-en

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Swisscom, Sunrise UPC win legal battle over 5G moratorium in Geneva

The constitutional chamber of the canton of Geneva has repealed the cantonal law imposing a moratorium on the expansion of 5G mobile networks, business news agency awp Finanznachrichten reports. The court found the law to be contrary to higher law. https://tinyurl.com/2awujsrw

Justice overturns tightened Geneva 5G moratorium https://www.finanzen.ch/nachrichten/konjunktur/justiz-kippt-verschaerftes-genfer-g5-moratorium-1030329868

(Auto-translated)

04/21/2021

Bern (awp / sda) – The constitutional chamber in Geneva has repealed the cantonal law with an increased moratorium on the expansion of the 5G mobile network. The court found the law to be contrary to higher law. The Grand Council passed the law in 2020.

The three mobile phone providers Swisscom, Sunrise and UPC thus won the legal dispute, as “Le Temps” reported on Wednesday. The judgment is available to the Keystone-SDA news agency. The canton parliament wanted to prevent the expansion of the mobile network for three years by changing the building legislation.

The law made a building permit mandatory for all changes to cell phone systems. This adjustment tightened the canton’s 5G moratorium passed in 2019, which bans new antennas.

In the judgment passed on April 15, the Chamber justified its decision as regards to violations of federal law. With the law on the protection of the population against harmful radiation, the federal government is responsible for setting limit values. In addition, the building law prevents providers from fulfilling their supply mandate laid down by federal law.

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