The High Court has made an order overturning An Bord Pleanála's decision to grant O2 planning permission for a 24m mobile-phone mast near Ballylinan, Co Laois, and has directed a new hearing of the matter.
Permission for the development was refused by Laois County Council in July 2004 as it materially contravened the Co Laois development plan, which stated that mobile-phone masts must not be located within 400m of any occupied dwelling.
However, O2 appealed to An Bord Pleanála, which on November 26th, 2004, allowed the appeal and granted permission.
In court yesterday, Colm Mac Eochaidh for James Keaveny, Aughanure, Ballylinan, argued that the board's decision was invalid and sought leave to challenge it in judicial review proceedings.
Mr Mac Eochaidh said that after the planning board granted permission, it had emerged that none of the significant number of local people who objected to the development had been informed of the existence of the 02 appeal and therefore had made no submissions to the planning board on that appeal.
The Planning and Development Act 2000 required that such notice be given, Mac Eochaidh said.
Mr Justice John Quirke was told that neither the board nor council were objecting to the making of final orders on the leave application.
Legal representatives for the board and council did not contest the claim that no notice of the appeal was given to objectors.
In those circumstances, the judge said he would make orders quashing the board's decision to allow the 02 appeal and he directed the board to hear the matter afresh.
In an affidavit, Mr Keaveny, a lorry-driver, said his home is 70m from the planned development. He said 250 people had signed an objection to the O2 planning application and had greeted the council's refusal of permission for the development with relief.
He had assumed he and others who made submissions on the development to the council would have been informed if an appeal was brought but they were never so informed.
He was unaware that an appeal had been heard until November 16th, 2004, by which time his right to make submissions on the appeal had long since expired.