ESB granted injunction

THE High Court yesterday granted an injunction against three objectors to overhead ESB power cables in a row involving a West Cork windfarm.

Mr Justice Frank Clarke granted the injunction after ESB counsel James Macken SC gave an undertaking on behalf of the company that they would comply with the planning permission and erect all the power lines overhead instead of partially underground as had been originally intended.

Having given this undertaking Mr Macken asked for an injunction against three of the objectors on the basis that they were resisting wayleave notices.

The three defendants are Tadgh Coughlan, Susan Kingston and John Kingston of Dromourneen near Bantry. The judge awarded the defendants their costs in the case.

The Bantry Concern Action Group which represents most of the objectors is opposing the overground power cable on safety grounds and wants the line put underground.

In opposing the application to injunct his clients, counsel for the objectors Tim O’Sullivan said it seemed to him that such a course of action “doesn’t add up” in view of the fact that the ESB had given an undertaking to seek proper planning permission.

At a hearing last week the judge said he had been persuaded by Mr O’Sullivan’s arguments as to whether the development would be in conformity with the permission granted.

Mr O’Sullivan had suggested the granting of planning permission for a development that was partly underground and partly overground was in breach of the permission granted.

Mr Macken told yesterday’s hearings that having considered the issue and having discussed the matter with his clients, the ESB had decided to build in accordance with the planning permission and if any firm agreement is reached with the landowners they will apply for a variation.

Mr Justice Clarke said that because there was now no risk there would be any development in breach of the planning regulation he would grant the injunctions.