A council's chief executive could face legal action over a mobile phone mast which was put up at a petrol station.

Brighton and Hove City Council chief David Panter will be served with a writ if he fails to answer a legal challenge.

Residents of luxury seafront flats near the mast at the Texaco station in Kingsway, Hove, are fighting to have it taken down because they fear it will affect their health.

Retired town planner Jerry Laurie, of Bath Court, Kings Esplanade, says he asked the council last December to explain why residents had not been fully informed about the One2One mast.

He instructed his lawyers to ask again on January 24.

The council's policy is that it should respond to all letters and complaints within ten working days of them being received.

Mr Laurie, 73, said: "I have still not had a reply to my first letter, let alone the second one, which is a disgrace.

"The council seems to be employing delaying tactics in the hope that if it takes long enough, I will go away.

"That will not happen because we are determined to see the mast removed."

His lawyers have given David Panter 14 days to explain what action the council would take to fight a Discontinuation Order.

If successful, the order would stop One2One from using the mast, close to the petrol station's car wash.

Mr Laurie said failure to give an explanation would result in Mr Panter having a writ served on him.

A council spokesman said: "We would like to apologise to Mr Laurie for the delay in responding to his complaint.

"The delay was down to an administrative failing on our part, and was in no way a delaying tactic."

He said a planning officer had since spoken to Mr Laurie.

"In the light of this we are now considering what further action, if any, we should take in relation to the mast.

"Our legal team is also considering the specific suggestion made in relation to serving a Discontinuation Order on the mast."