The ESB began a High Court challenge yesterday to a decision by Cork County Council revoking planning permission for the erection of pylons to carry electricity cables in the Cork Harbour area.
According to the ESB, it is the first time that a council anywhere in the State granted and then withdrew planning permission for an improvement in the national electricity grid.
Mr James O'Reilly SC, for the ESB, said the company was seeking an order quashing the decision of Cork County Council on March 22nd, 1999, to revoke a decision in favour of the pylon project. The original decision was made by the Council on February 26th, 1997.
This was the first time a council had revoked planning permission for an improvement in the national grid, counsel said. Only twice had this power to revoke been used in recent times, once by Monaghan County Council and the other by Leitrim County Council.
Mr O'Reilly said the ESB's plan was to build several 220 kv overhead pylons linking its two power stations in Cork Harbour - Aghada on the east side and Raheen on the west - and at the same time linking this to its network.
After the council originally gave permission early in 1997 the matter was appealed to An Bord Pleanala which, following detailed consideration, also gave permission.
However, around March or April 1998, some professional protesters including eco-warriors unfortunately became involved and made their presence known, Mr O'Reilly said.
In early March, the ESB received a letter from a council official indicating that it planned to discuss a resolution to revoke its earlier permission. On March 22nd it passed such a resolution by seeking to rely on health issues allegedly involved, the feasibility of an underwater route for the cables, and an alleged lack of compensation for landowners.
These were matters which had all been dealt with, Mr O'Reilly argued. The ESB contended there was no change of circumstances which would permit the council to revoke its permission.
It also appeared that there was quite an amount of contact between the council and environmentalists, and with the landowners over whose property the cables would pass, before the local authority decided to withdraw its approval.
While Section 30 of the Local Government (Planning and Development) Act permitted a council to revoke an approval, this "seldom-used" provision could not be invoked unless there had been a "change in circumstances" since permission was first given. This was the crux of the case.
He contended that the provision which permitted withdrawal of approval could apply only if no works had begun on the project. But work such as pegging out and surveying had begun. A quantity of steel had been procured from Italy for building the masts. This had been delivered to Ireland before revocation.
The action is expected to last four days.