Widow sues An Bord Pleanála over permission for mast on her land

An Bord Pleanala overturned the local authority decision in March of this year, albeit on foot of an inspector’s report which recommended the initial decision should be overruled but which also stated that doing so would “be contrary to the proper planning and sustainable development of the area”.  File Picture: Niall Carson/PA Wire

An Bord Pleanála is being sued in the High Court over a decision to grant permission to construct a telecommunications mast on the land of a widow, allegedly without seeking her consent.

Kathleen Pearse, a native of Calry, a townland on the outskirts of Sligo Town, has lodged judicial review proceedings against An Bord Pleanála (ABP) and the mast applicant, Cignal, stating that her constitutional rights had been breached as a licence to build the mast on a section of her property adjoining the R278 road was given by ABP without her knowledge.

Ms Pearse was represented by Margaret Heavey BL, instructed by Eoin Brady for FP Logue solicitors, who said that ABP “ought to have known that the land would have a registered owner and that the owner had not given consent”.

The mast was first applied for by Cignal to Sligo County Council in March 2021 under Section 254 of the Planning Act 2000 — legislation that was originally intended for public licences such as that of cafés placing tables outside their premises, but which in recent years has been used repeatedly for the erection of telecomms masts.

Section 254 licences do not require planning permission. The local authority however refused that application, with Cignal subsequently appealing that refusal to An Bord Pleanála in November 2021.

ABP overturned the local authority decision in March of this year, albeit on foot of an inspector’s report which recommended the initial decision should be overruled but which also stated that doing so would “be contrary to the proper planning and sustainable development of the area”.

Widow's objections

In her affidavit, Ms Pearse noted that apparent contradiction in the inspector’s report, describing the ensuing recommendation as “irrational”. She also noted that the inspector’s report makes reference to Calry being a “serviced inner suburban area in the city”.

“The site is not located in a suburban area and the nearest city is Galway,” she said. Galway city is more than 90 miles from Calry.

The statement of grounds for the judicial review asserts that the licence to build the mast should not have been granted by ABP as that decision failed to give regard to the 1996 regulations which govern such construction, and which state that masts of that type should only be built in a residential area as a last resort.

Last month, ABP refused permission for a 20m high telecomms lattice in Co. Longford citing the same stipulation in the 1996 regulations.

Ms Pearse further argued that she “fears” the visual impact the resultant mast could have as “it will be a distraction for motorists along what is already a dangerous stretch of road”. The case was adjourned until Monday, May 22, when the plaintiff will likely discover whether or not the judicial review is to be heard.

- This article was amended on May 17, 2023 to correct the term 'widow'.