When Orange Personal Communications Services submitted an application in 2005 to build a mobile phone mast off Helpston Road in Ailsworth, near Peterborough, it was immediately met with considerable local opposition.

And in a matter of weeks, a refusal notice for the installation of the wooden clad monopole with three antennas, two microwave dished and equipment cabinets, was issued by Peterborough City Council.

However, due to an error by the city council's planning department, the application did, in fact, receive consent and the mast is currently being constructed – and there might be nothing anyone can do about it.

Ailsworth Parish Council clerk Margaret Brown said: "Four years ago we discovered there were proposals for a phone mast in the village, and residents and the parish council were not happy."

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"A public meeting was held and the feelings among the residents were that we didn't want a mast in the village.

"And we understand that, subsequently, the company received a notice from the planning department to say its application had been refused.

"However, it appears that on receiving the application the city council should have sent a letter advising that prior approval was required for the siting and appearance. But it did not, and instead the case officer simply issued a refusal notice.

"This error means the development automatically received deemed consent. And provided the development accords with the submitted plans, there will be no action that enforcement officers at the city council can take.

"We only found out after seeing workmen on the site.

"Both the residents at the parish council are extremely unhappy with the way things have worked out because we fought so hard in the first place to oppose it.

"But there is nothing we can do. It is out of our hands."

The city council's executive director of operations Paul Phillipson said: "We have received a complaint from Ailsworth Parish Council that Orange Personal Communications Services is building a mast off Helpston Road in Ailsworth.

"We are currently reviewing the status of the planning application to build such a mast, which we believe to be valid, but are also investigating issues around land ownership and possible damage to trees in the area."