The High Court yesterday granted an injunction restraining three objectors from interfering with the construction of overhead ESB power cables in a row involving a west Cork wind farm.
Mr Justice Frank Clarke granted the injunction against John and Susan Kingston and Tadhg Coughlan, of Dromourneen, near Bantry, on the basis of the ESB undertaking to comply with planning permission and erect all the power lines overhead instead of partially underground as originally intended by the company.
As the objectors had raised a valid issue relating to whether the ESB had complied with the permission, the judge said he would grant costs of the injunction proceedings to them.
The injunction was sought yesterday by James Macken SC, for the ESB, after he undertook on behalf of the company that it would comply with the permission and, if seeking to vary those conditions, would seek new permission.
The Bantry Concern Action Group, which represents most of the objectors, is opposed to the overground power cable development on safety grounds and wants the cables put underground.
The case arose after Ballybane Windfarms Ltd received planning permission to build a wind-farm electricity generating station at Glanta Commons. It had entered into an agreement with the ESB for the building of a 38kv line to carry electricity to Ballylickey station in Co Cork for connection to the national grid.
At a hearing last week the judge said he had been persuaded by arguments by Tim O'Sullivan, for the objectors, as to whether the proposed development would comply with the permission granted.
Mr O'Sullivan had suggested that the granting of planning permission for a development that was partly underground and partly overground was in breach of the permission granted.
Yesterday Mr Macken said that having considered the issue, and having discussed the matter with his client, the ESB had decided to build in accordance with the planning permission. If any firm agreement was reached with the landowners, a variation on the permission would be sought. Mr Justice Clarke said that because there was now no risk of a breach of planning regulations, he proposed to grant the injunctions.
Last week the judge decided not to grant an injunction against two other defendants, Mary and John Keane. He noted Ms Keane was in hospital and found there was insufficient evidence to establish an arguable case that either of the two had been engaged in wrongful activity.
At an earlier hearing the ESB argued that the delay in providing the power line has cost the company about €800,000. The company had brought the proceedings to restrain interference with the erection of the 38kv electricity line on lands owned by the objectors at Dromourneen near Bantry.
Counsel for the ESB had claimed there was an urgent need for the ESB to secure an injunction and said that last May, 35 people were involved in refusing access to contractors for the company across the land involved.