ESB notice of works procedure unlawful

The Court of Appeal has ruled that a procedure under which the ESB served a notice to enter private lands to carry out upgrading works on electricity lines was unlawful.

The three-judge court yesterday upheld an appeal by Killross Properties Ltd over the legality of a wayleave notice authorising temporary entry onto the company’s lands in Co Kildare.

In an unanimous judgment, the court agreed with Peter Bland, for Killross, the procedure used by the ESB for serving wayleave notices under Section 53 of the Electricity Supply Act 1927 on his client involved an unlawful delegation of the Board’s powers under Section 9 of the Act.