PHONE mast protesters in Winchester have vowed to take their fight to the European Courts, despite a major legal setback last week.

The battle is over communication giant Orange's plans for a new mast on land at Byron Avenue, which those opposed to the scheme say is too close to nearby Western Primary School.

Local residents have been fighting the scheme for the past four years, first challenging planning chiefs, then the government inspector, then a High Court decision against them.

Now Caroline St Leger-Davey, of Chilbolton Avenue, and Dianne Harrison, of Poets Way, who are fighting the mast proposals in the names of their children Phoebe, 6, and James, 7, who both attend Western Primary, say they will take their fight to Europe.

The move comes following a decision in the House of Lords last week that was seen as the final option under UK law for the mothers to win their battle.

The Lords ruled that a decision by the High Court in December last year allowing Orange to go ahead with the 12m mast was

correct.

Mrs St Legey-Davey said: "We've had such a worry over the past four years of what masts may do to the health of our children and this is a setback, but we won't give up.

"We will be getting in touch with our lawyers to see what chance we have of carrying on in Europe and, if possible, we will continue the fight there."

The ruling by the Lords had also been anxiously awaited by the mobile phone industry, which has viewed the Byron Avenue decision as a landmark case that could pave the way for future mast applications near other schools.

Last month parents threatened to remove their children from another Winchester school, the private St Swithun's School in Alresford Road, after planners approved O2's application for a mast near the school's boarding house.

One of those also determined to keep the anti-mast fight alive is Karen Barratt, who helped lead the Byron Avenue campaign and who has just been appointed director of communications for Mast Sanity, the national campaign group.

She said: "I think the whole situation is very alarming.

"We are in a very dangerous situation and I think people are now going to have to sit back and let masts go up near their children.

"I think the government will lose votes over it."

Winchester MP Mark Oaten added: "I am disappointed that this case can't be heard by the Lords as I feel the highest court in the land should consider the important issues involved.

"However, residents are determined to continue opposing the mast and they will continue to have my support."