Councillors reject Eircell mast despite legal threat

Wicklow County Council yesterday became the State's first elected body to rescind planning permission for a telecommunications mast.

In a move which could have repercussions for other telecommunications companies, councillors rejected suggestions that they could become personally liable for costs and damages and accused the telecommunications company Eircell of "telling lies".

Despite the written advice of the Wicklow county manager Mr Blaise Treacy, that it should not revoke the permission, the council voted by 19 votes in favour to none against to revoke its own authority's 1997 grant of planning permission for a 30-metre telecommunications antennae and support structure at Ballard Upper, Kilbride.

Nobody at the meeting opposed the motion, under section 30 of the 1963 Planning Act, to rescind permission. A letter from Eircell was read out claiming that the company had fulfilled all the planning requirements and was legally entitled to enjoy the benefits of its permission.

"The action taken by Wicklow County Council today has come as a shock to us," a spokesman for Eircell said last night.

"We are very disappointed, as we have been through due process. We will be taking legal advice."

While the proposer of yesterday's motion, Mr Dick Roche (FF), maintained that Eircell had not complied with the terms of the original grant of planning permission, Mr Treacy had written to councillors warning them of their potential liability.

However, councillors were determined to proceed and many spoke sharply about Eircell's handling of the affair.

Mr Roche said the Eircell proposal ignored the existence of local houses and that undertakings given to the local community to consult them on alternative sites had demonstrated the company's lack of "truthfulness and veracity".

Ms Mildred Fox (Ind) said it had been pointed out to An Bord Pleanala that a site notice had not been posted as required by the planning law.