The Electricity Supply Board was given leave yesterday to challenge Cork County Council's revocation of permission for the erection of pylons carrying an overhead electricity line in the Cork harbour area.
Mr James O'Reilly SC, for the ESB, said £3 million had been spent on commissioning specially-customised pylons to suit the contours of the ground over which the electricity line would travel.
He told Mr Justice Geoghegan the new power supply was necessary to strengthen the transmission network in the southwest.
Counsel said Cork County Council granted permission for the project in July 1997. That decision was upheld by An Bord Pleanala in October 1977.
But in March 1999 the council members purported to revoke the permission. The council had been informed this could not be done as there had not been a change in circumstances which would allow such a revocation to be sought.
Mr O'Reilly added that work had commenced on the project and the council could not therefore exercise its powers.
Mr Justice Geoghegan asked if this was part of the ongoing concern of members of the public about radiation. Mr O'Reilly said all those matters had been dealt with at the Bord Pleanala hearing. There was a claim being made that the compensation to be paid to local landowners had been underestimated.
Mr Justice Geoghegan said he was satisfied the board had an arguable case and he granted leave to seek an order quashing the council decision of March 22nd last revoking planning permission.
In an affidavit, Mr Larry Donald, ESB Secretary, said delays in proceeding with the project had given rise to a situation in the Cork area where the high-voltage networks were no longer operating within internationally-recognised operational standards.
He said that in May 1998 the council proposed bringing in an independent body from Dublin called the "Centre for Dispute Resolution".
The centre issued a report in October 1988 which confirmed that, apart from technical and security aspects, an underwater route would cost £31.6 million and take up to five years to complete. In contrast, there was a projected completion period of one to two years and a cost of £4 million for the overhead line.