Irish Rail and Tipperary County Council in dispute over signal mast next to protected train station

Irish Rail submits that the council wrote to it saying the train signalling mast was not an 'exempted development' under the relevant Act. File picture: Irish Rail

Irish Rail and Tipperary County Council have entered a dispute at the High Court over a signal mast that the local authority says is impacting a Gothic revival rail station built in the 1850s.

Irish Rail said the mast is 130m from the protected structure, the old Cahir Rail Station, and further submits that it has constructed 700 similar masts around the country without complaint.

Irish Rail and Córas Iompair Éireann (CIÉ) took the case seeking to quash the council's decision to serve an enforcement notice in June 2026 under the Planning and Development Act 2000, requiring Irish Rail to "to cease and remove" the train signalling mast by September.

Irish Rail submits that the council wrote to it saying the train signalling mast was not an "exempted development" under the relevant Act.

It said the planning authority erred "in law and in fact” in its decision to issue the warning and in its determination regarding the extent of "curtilage" land attached to a protected structure.

It is submitted that the previous Co Tipperary development plan confirmed there had been four structures identified as protected at the location: The old rail station, the associated goods store, which is now roofless, a footbridge, and a shelter. 

However, Irish Rail stated that the latter three have been excluded from the plan and that the protected status now only applied to the station building.

The applicants submit that the council acted ultra vires — outside of its powers — in saying that exempted works lose their exemption if they materially affect the character of a protected structure or any element of it that contributes to its special architectural, cultural, or historical interest.

Irish Rail said it is "inconceivable" that the signal mast could fall within the land curtilage of the protected building, which is 130m away.

It is further submitted that the council erred in saying an unauthorised development within a curtilage area could have had a "direct impact" through construction, excavation, alteration, repair, demolition, or renewal of the station house.

The warning from the council, Irish Rail notes, carries with it a non-compliance fine of up to €12m and two years' imprisonment.

It is submitted that Irish Rail has "constructed and installed over 700 similar such signalling equipment without complaint in the functional area of over 20 planning authorities throughout the country".

The matter will reappear at the High Court on July 20.