A dispute over a 35ft Digicel cell phone tower that was erected without planning permission will head to Supreme Court later this month. The Department of Planning launched an investigation into the mast on Knapton Hill, Smith's, last summer following a complaint from a member of the public.

They found it had been erected by Digicel with the agreement of the landowner, Michael Markham, to provide extra signal coverage across the Island.

However, Digicel had not filed for planning permission, and a retroactive application was turned down by the Development Applications Board.

The cell phone company is now challenging the decision to turn down the application arguing the mast is important to provide extra signal coverage across the Island.

Marketing director Shane Mora said yesterday: "Digicel has appealed the Minister's decision with regard to the Knapton Hill site with the Supreme Court of Bermuda. Given that the case is pending, it would not be appropriate to comment further at this point.

"That said, we would like to take this opportunity to assure our customers that Digicel Bermuda will work tirelessly to provide continuity of service to the thousands of residents that live in the Knapton Hill area and who rely on us to stay in touch with friends and family."

The court hearing has been scheduled for October 28.