Judge critical of ESB in power line dispute

A High Court judge has criticised the ESB over its handling of a dispute with a local landowner over proposals to erect an electricity…

A High Court judge has criticised the ESB over its handling of a dispute with a local landowner over proposals to erect an electricity line across lands at the mediaeval village of Carlingford in Co Louth.

Mr Justice Kelly made the comment yesterday when refusing the ESB's application for an order against Mr Paul Carroll, of Ghan House, Carlingford, requiring Mr Carroll to allow entry onto lands owned by his mother, Ms Joyce Carroll, at Carlingford for the purpose of erecting an electricity line and 11 metre pole.

The court was told there had been complaints that the failure to allow access to the ESB was delaying development of a Four Seasons Hotel at Carlingford, which, it was stated, had to be open by December 31st.

The Carrolls, who operate a guest house and equestrian centre at Carlingford, claimed that planning permission granted by Louth County Council for the hotel required that the electricity cables be placed underground.

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After hearing counsel for both parties, Mr Justice Kelly said he would refuse to make an order requiring that the ESB be permitted onto the lands owned by Ms Carroll.

The judge said it was necessary under law for the injunction proceedings to be served on the landowner, who was Ms Joyce Carroll, but that primary and rudimentary step had not been taken by the ESB.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times