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High court challenge brought over Cork telecommunications mast

Application to erect the mast was made to Cork County Council in 2022 by Towercom Limited on behalf of Eircom

The Four Courts. A High Court challenge has been brought against An Bord Pleanála’s decision to grant planning permission for an telecommunications mast in Co Cork

Aodhan O'Faolain
Thu Mar 28 2024 - 16:38

A High Court challenge has been brought against An Bord Pleanála’s decision to grant planning permission for an telecommunications mast in Co Cork.

The judicial review action has been taken by Moira O’Donovan, a retired hospitality employee from Woodville House, Kilbrittain, over the board’s decision last January to grant permission for a 15m telecommunications mast at the Eircom Exchange, Main Street, Glanduff, Kilbrittain.

The application to erect the mast was made by Towercom Limited on behalf of Eircom, and was made to Cork County Council in 2022.

The council rejected the application on the grounds that the proposal contravened the local development plan. It is claimed that the council’s refusal to approve the proposed mast was successfully appealed to An Bord Pleanála, despite the fact the board’s inspector recommended that permission be refused.

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In her action challenging the board’s decision Ms O’Donovan claims that the mast would be located 32m from her home, is located in a residential area and is close to two local schools. She has brought the action over health concerns. She adds that she has no problem with communications masts, but says they should be put in suitable locations.

It is claimed that the decision is flawed because the board’s decision contravenes the local county development plan. It is also claimed that the decision failed to have regard for ministerial guidelines on the location of antennae or to have proper regard for relevant material submitted as part of the application.

It is further alleged that the board erred in its decision by finding the proposed development did not need to be subjected to an Environment Impact Assessment.

Represented by John Kenny BL, instructed by Eoin Brady of FP Logue Solicitors the applicant seeks various orders and declarations including an order quashing the board’s decision. Both Eircom and Towercom are notice parties to the proceedings.

The matter was briefly mentioned before Ms Carmel Stewart this week. The judge deemed the application formally opened before the court, and adjourned the application to a date in May.

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