The ESB had contractually committed itself to spending £3.8 million on a project involving the erection of overhead electricity pylons at Cork harbour when it learned that planning permission for the scheme had been revoked, the High Court heard yesterday.
Cork County Council granted permission for the project on February 24th, 1997. Following several objections, the matter went before An Bord Pleanala, which gave approval for the project in October that year.
However, on March 22nd 1999, after the council reconsidered its earlier approval, it revoked permission by a vote of 31 to 4.
The ESB is seeking an order quashing the decision revoking the permission for the erection of the overhead 220kv pylons linking the ESB's Aghada power station in the east of the harbour with Rafeen in the west. It is also seeking a declaration that the revocation is ultra vires, void and of no effect.
The ESB claims that while Section 30 of the 1963 Planning Act permits revocation of a grant of permission this may be done only where there is a "change in circumstances" since first approval and where no work has begun on the project.
Mr James Macken SC, for the ESB, said yesterday that such work had begun. Materials for the pylons had been purchased from an Italian multinational and a transformer had been ordered from Belgium. Pegging out and surveying had been undertaken, and the board was contractually committed to the payment of £3.8 million by the time revocation had occurred.
There was "no change in circumstances" on the ground, since approval for the scheme was granted by An Bord Pleanala, which would permit the council to revoke its decision.