EIRCELL has succeeded in overturning a decision by Leitrim County Council to cancel planning permission for a 32 metre mobile phone mast and associated development at Ballinamore.
The council revoked permission last March after local people expressed concern about the health, environmental and tourism implications of the development.
In a High Court judgment yesterday quashing that decision, Mr Justice O'Donovan said the public was entitled to know a planning authority "cannot ride roughshod over principles of natural justice and fair procedures".
He ruled that the revocation was invalid because of the council's failure to get sufficient information about the situation that existed when permission was originally granted in June 1998 or to investigate sufficiently the concerns expressed by locals about the development. He also ruled that the council failed to act in accordance with constitutional justice and fair procedures because it did not inform Eircell in advance that it intended to consider revocation of the planning permission or allow the company to make submissions. He stressed he was not making any judgment on the merits of the decision to revoke permission but was criticising the manner in which it was arrived at.
After locals voiced "considerable fear, apprehension and opposition" to the Eircell development at Tully, Ballinamore, the council met on March 1st, 1999, and unanimously voted to revoke the planning permission granted to Eircell on June 23rd, 1998, although it was told the planning officer had certified the required change in circumstances had not occurred to allow it to do so. Mr Justice O'Donovan said he did not consider the fears of the local community were in themselves a proper planning consideration or change in circumstances required by the Planning Act.
The High Court has yet to rule on a judicial review challenge to An Bord Pleanala's refusal to accept an appeal by Mr John Toolan, a local resident, against the Eircell development.