Eircell yesterday succeeded in lifting, just hours after it was granted, a High Court temporary order restraining the company from proceeding with construction of a mobile phone mast and base station in Co Wexford.
The interim order restraining work was granted yesterday morning by Mr Justice McCracken to Mr Michael O'Donnell, for a number of persons opposed to the Eircell development at Berkeley, New Ross.
In an application for an interim order under section 27 of the Planning Acts, Mr O'Donnell told the judge his information was that Eircell had not, as far as he was aware by Monday last, complied with two conditions of the planning permission for the development granted last January. He understood Eircell had failed to lodge the required cash bond and had also not secured the required written consent from the planning authority regarding the colour scheme of the development.
On that basis, Mr Justice Mc Cracken granted an interim order restraining further work on the Eircell development until 11 a.m. today.
However, at 4 p.m. yesterday, Mr Robert Hastings, for Eircell, asked the judge to discharge the order. He said Eircell had lodged the required cash bond on October 18th and he also exhibited a written consent for the development's colour scheme.
Mr Hastings said the order would have very serious consequences for Eircell which had several men working on the New Ross site and was incurring costs of £10,000 a day. Equipment had been damaged and the company was concerned about the ability of Mr O'Donnell's clients to meet any claim for damages.
Mr Justice McCracken said he was satisfied Eircell has complied with the planning conditions and on that basis would discharge the order. In fairness to the plaintiffs, they would have been unaware of the written consents regarding the planning conditions as they were dated just this week, he added.