PLANNING permission for a controversial mobile phone mast near Ballinamore, Co Leitrim, has been withdrawn by local county councillors. It is believed to be the first time councillors have used their special planning powers to withdraw permission for a telecommunications development.
At a meeting yesterday the councillors voted unanimously to withdraw permission for the mast, which has been the subject of legal challenge by local opponents. This was in spite of a recommendation, based on legal advice, from officials that the authority could face surcharges and councillors could be held personally liable for the consequences of a decision to revoke permission.
The councillors, who had their own legal advice, supported a motion from Cllr Liam McGirl (SF) that permission for the 100 foothigh mobile phone communications mast at Tully be withdrawn under Section 30 of the Local Government (Planning and Development) Act 1963. The development by Eircell is the subject of judicial review proceedings brought by Mr John Toolan, a member of the Ballinamore Radiation Awareness and Information Network.
The option to withdraw permission is a rarely-used reserved function of councillors. The council granted permission for the mast last year but this was challenged by locals who are opposed to its location near housing on health, environmental and visual impact grounds.
Mr Toolan obtained leave in November to seek an order by way of judicial review after An Bord Pleanala refused to consider an appeal against the council's decision to grant planning permission for the mast on the grounds it was lodged too late. Work, however, began on the site in January. Mr Toolan then obtained a court order halting further work.
"Eircell's action in going on to the site incensed people," Mr Toolan said after the council vote. "Local people felt, at least, they should have their day in court." Cllr McGirl told The Irish Times many councillors were motivated by what they believed was a failure by Eircell to comply with the planning permission terms, notably in relation to landscaping the area, and the issue of a road near the mast.
"I'm delighted with the decision. It belies the widespread impression that county councillors have no powers," he added.
Council chairman Mr Tommy McCartin (FG) said that, assured by legal advice they received, councillors were confident they were within their rights to revoke permission.
He was at variance with the views of some councillors, as he used a mobile phone and believed Co Leitrim should have a modern telecommunications system. "But I don't want masts to be foisted on people; beside schools or near houses. There are plenty of elevated sites that are suitable."
Eircell's spokeswoman for community relations, Ms Olivia Dobbs, said the company would assess its options and comment once it had received written confirmation of the vote and full details of the meeting.
