Two Co Waterford brothers have expressed delight at a Bord Pleanála decision concerning the erection of two steel masts close to their home at Ballyneety near Dungarvan.
The board decided the relocation of the electricity line and the erection of the masts to carry the relocated line is not an exempted development. The council referred the matter to An Bord Pleanála in November, 2002, after the Office of the Ombudsman had intervened on behalf of Frank and Maurice Drummy.
It concluded the relocation constituted a development under planning legislation and contravened two conditions of planning permission previously granted by Waterford County Council.
The board's order states: "The provision of steel masts in place of the previously permitted timber masts on the line did not comply with the permission for the original line and were therefore not exempted development."
The ESB say the line is not closer to the property of the Drummy brothers than the original line. It also said: "The pylons in this case are of a standard type, height and proportions for such lines," and claimed that the council "had sufficient knowledge and information when it informed the ESB that the proposal to strengthen the line would be exempted development".
Following the An Bord Pleanála decision, the ESB has been told by the local authority they must now decide whether to remove the electricity line and the two steel masts at Ballyneety or apply to the council for permission to retain them.
Mr Frank Drummy said yesterday: "We have been through living hell but Maurice and I never doubted that the council was wrong to allow this monstrosity to be put up so close to our house by the ESB. The Ombudsman was our saviour. What we went through was terrible."