The ESB yesterday won a High Court order quashing a decision of Cork County Council to revoke planning permission for a £9 million development of overhead powerlines in Cork Harbour.
The decision means the ESB may proceed with its plans to build a number of 220 kv overhead pylons linking its two power stations in the harbour, Aghada on the east side, and Rafeen on the west.
Cork County Council originally gave permission for the project on February 24th, 1997. Following a number of objections, the permission was appealed to An Bord Pleanala which approved the project in October 1997.
However, on March 22nd 1999, the council reconsidered its approval and, by a vote of 31 to four, decided to revoke permission.
The ESB challenged that revocation in judicial review proceedings. In defence of its revocation, the council argued that Section 30 of the Local Government (Planning and Development ) Act permitted it to revoke an approval decision if no work had been carried out in the interim by the person or body who obtained the permission.
The ESB claimed this section could only apply if no work had commenced on the project. It argued it had carried out pegging and surveying work and that materials for pylons had been purchased. It also stated it had entered into contractual arrangements for the outlay of £3.8 million on the project.
In a reserved judgment yesterday, Mr Justice Finnegan found that the manufacturing of floor slabs and steel works by the ESB constituted work and the council was therefore in error in finding that no work had been carried out by the ESB subsequent to the original approval. The judge also found there had been a breach of natural justice by the council in its revocation decision.
He adjourned to July 25th an application by Mr James Macken SC, for the ESB, for costs against the council.
Forty-three landowners in the Cork Harbour area who are affected by the project were a notice party in the action.