OFFALY County Council was granted an interim injunction in the High Court yesterday preventing Esat Digifone from completing work on the installation of a steel cabin and antennae at Croghan Hill, Co Offaly.
It was claimed that works carried out by the mobile telephone company were not exempted development and were interfering with the scenic and recreational value of Croghan Hill.
The President of the High Court, Mr Justice Costello, who granted the injunction, said it would continue until Tuesday.
In an affidavit, Mr Vincent Hussey, a senior executive engineer in the planning section of the council, claimed that part of the hill contained Famine ridges, and part of these ridges had been excavated in the course of works carried out by Esat. He said Croghan Hill had been included in lands specifically identified in the Offaly County Development Plan for special protection.
The council prohibited development in such areas which would be visually intrusive or which would detract from their intrinsic character and environmental quality.
Mr Hussey said that in or about December 1996, Esat indicated its intention to install a cabin and antennae at Croghan Hill on lands owned by Mr Thomas Malone. Esat believed such work was exempted under the Local Government (Planning and Development) Regulations 1994.
The owner of the lands, Mr Malone, allegedly told the council that he had signed an agreement with Esat for the development and had been informed by a company representative that planning permission was not required.