A 12-METRE mobile phone mast has appeared at the heart of the Priory Estate even though councillors threw out plans for it twice.

T-Mobile exploited an error made by Dudley Council and went against estate campaigners and council planners to install the mast in Priory Road, opposite the site of the former Duncan Edwards pub, before residents woke up last Tuesday (July 17).

The firm said it was able to build the mast because the council failed to deal with its application within a 56-day deadline under phone mast planning law.

A spokesman said: "We submitted the 56-day application on February 16 and the process dictates the decision needs to be made by the middle of April.

"Because the decision was made by the council after then, the approval is deemed to be given and we have gone ahead with the mast."

The council dismissed the proposal for the second time on April 24 after 160 objections were received.

Castle and Priory councillors Alan Finch, Margaret Aston and Ken Finch have called for an immediate inquiry.

Cllr Finch said: "We all objected against it correctly within the time scale, but officers are professionals who know about the 56-day notice. They have messed up and should not get away with this.

"The council should pay T-Mobile to take it down. Priory residents have been kicked enough by the council, they don't deserve this."

A Dudley Council spokesman said: "When this application was submitted it was missing a key certificate relating to the health and safety of the installation. We determined the application within 56-days from the date we received the certificate and it was refused.

"However, the applicant claims as it was not dealt with within 56 days of its original submission, it had gained automatic approval.

"After taking legal advice we have been told we are not in a position to stop the applicant from installing the mast.

"It is the first time we've faced such a situation; the outcome is regrettable and we apologise."