An epic struggle over the construction of a phone mast could go before the highest court in the land.

Campaigners want to stop mobile phone company, Orange, building at Byron Avenue in Fulflood, Winchester.

Having exhausted all other legal channels in the long-running saga, the protesters, worried that the proposed 39-foot structure could be a health risk due to radiation, are to ask the House of Lords to hear their case.

They argue that the site, close to Western Primary School, is unsuitable and Orange should look elsewhere.

The company announced its plan to build at Byron Avenue in 2000.

Having initially granted planning permission, Winchester City Council then reversed its decision.

Orange lodged an appeal, triggering a costly public inquiry, which the company won, in the summer of 2003.

The council shied away from further legal action, having had to pay at least £70,000 in legal costs so the residents decided to take their own.

Caroline St Leger-Davey, of Chilbolton Avenue and Diane Harrison, of Poets Way, which is near the site, took Orange to the High Court. Last month, they heard that their case had been rejected.

The protesters are now approaching the Law Lords and should learn whether they will agree to hear their case in the next few weeks.

Karen Barratt, who lives in Byron Avenue, and has led the campaign against the proposed mast since 2000, said: "We've resisted this mast for over four years now, a few more weeks don't make any difference. We're still here and we won't go away no matter what happens."