Eircell has taken a High Court challenge to a decision by Leitrim County Council to revoke planning permission for a mobile phone mast near Ballinamore.
The company claims the council, in deciding to reverse an earlier decision to grant planning permission, was not entitled under the terms of the Planning Act, 1963, to take into account the "fear, apprehension and opposition" within the local community of Ballinamore as to the health implications, impact on property values and tourism and visual implications of the proposed development.
It also claims the council wrongly took into account that its members were unaware of these matters when taking the decision to grant permission but had since become aware.
Mr Justice Peter Kelly yesterday granted leave to Eircell Ltd to seek orders, by way of judicial review, quashing the revocation of planning permission for the erection of a 32metre telecommunications sup port structure and antennae, associated computerised equipment, shelter and associated development works at Tully, near Ballinamore.
Eircell also secured leave to seek other reliefs including damages and a declaration that the March 1st, 1999, order of the council revoking the permission was ultra vires, invalid and of no legal effect.
Eircell said it had secured permission for the mast development on June 23rd, 1998. Judicial review proceedings were taken on November 23rd, 1998, by Mr John Toolan, a local resident, against the decision of An Bord Pleanala to refuse to consider his appeal against the granting of permission. Those proceedings had yet to be determined.
On March 1st last, Leitrim County Council had passed a resolution to revoke the grant of planning permission on the ground of "change of circumstances".
Mr Paul Sreenan SC, for Eircell, said the council had failed to notify his client of the intended revocation.
Mr Justice Kelly granted leave to seek the orders and declarations.