A Tipperary farmer has been restrained by the High Court from continuing to build a hay barn underneath an ESB supply line over fears that it could lead to a fatality.
The court was told that the ESB was forced to cut power to the 38KV line because construction workers underneath it were using hoists.
Mr Mel Christle SC, for the ESB, told Mr Justice Gilligan that farmer Mr Noel Duggan, of Killeisk, Toomevarra, had permission to build the barn, but had not informed the authorities that the building was under the 38KV power line, which supplies electricity to 15,000 customers in south Tipperary.
Mr Christle said the ESB only learned about the construction of the barn in June when Mr Duggan telephoned their offices claiming that one of the workers had suffered an electric shock.
Mr Christle said the ESB sent four letters to Mr Duggan by registered post telling him to stop work on the barn but they were ignored.
He said that under the 1934 ESB Amendment Act, notice must be given to the ESB when there is any construction envisaged within 25 yards of an electricity line, but this was not done in this instance.
He also said it was obligatory to notify the ESB within two months before the construction of a building within 25 yards of an electricity line to allow it to advise in relation to any risks, and to stipulate that certain security measures be undertaken.
Mr Christle said that as a result of the work, the line was shut down yesterday morning, which put the supply of power to 15,000 customers at risk and had consequences for the national grid.
Mr Noel McCarthy, a planning lawyer in the ESB's legal department, said on Thursday the local engineering officer in Toomevarra contacted him, and said that he had concerns for safety reasons that the work was getting too close to the power line.
Mr Justice Gilligan granted the ESB a temporary injunction prohibiting any further construction of the barn pending a hearing next Wednesday.