Esat Digifone complained in the High Court yesterday that its efforts to develop mobile phone transmission sites in Co Cavan were being challenged, while its competitor, Eircell, had developed 15 sites in the same county without permission.
However, despite Esat's objections, Mr Justice Geoghegan granted an order to Cavan County Council requiring Esat to take down structures at Castlepoles, near Arvagh.
Mr Pat Butler, for Esat, had asked the court not to make the order pending a decision on the company's application to the council for permission to retain the structures.
He alleged the council had issued its proceedings against Esat without warning within days of carrying out inspections, whereas Eircell had been able to develop over 70 sites around the State.
He argued Esat was legitimately entitled to believe the construction of poles and structures was exempted development since Eircell had been allowed to develop the same. Mr Justice Geoghegan said it seemed inconceivable that Esat and Eircell would not have sought the best legal advice on whether planning permission was necessary before putting up structures.
Mr Butler said Eircell sites had been operating and gaining a benefit now that its transmission sites had been commissioned. Esat had not been deriving such a benefit, and until the company's application for retention of masts on the two sites was heard, it could do nothing.
No credible reason had been given why Eircell was treated one way and Esat in another way, counsel said.
Mr Alexander Owens, for Cavan County Council, said there was no obligation on his clients to give Esat a warning notice. They had made concessions to Eircell who were told the planning authority was monitoring matters closely.
It had been made clear to Eircell in January this year that any further development would require planning permission. If Eircell needed planning permission, so did Esat, Mr Owens said. Mr Justice Geoghegan said there should be good reasons for seeking an adjournment but he did not see good reasons. He granted a stay on his orders for 10 days to allow Esat decide if it wished to appeal to the Supreme Court.