In spite of strong objections that an unspoilt landscape was being damaged, permission has been granted to Vodafone Ireland Ltd for a mobile phone mast in a scenic area on the Ring of Kerry which is designated as a Special Area of Conservation (SAC).
An Bord Pleanála overruled a decision by Kerry County Council to refuse planning for the Vodafone mast at Tooreennafersha, Kenmare, near the Moll's Gap to Sneem road.
The planning appeals inspector said the council's policy of prohibiting masts 1km from residences, schools and hospitals was practically unworkable, "given the dispersed settlement pattern" within the county.
There is at least one other appeal against the council's controversial policy of banning masts near buildings before An Bord Pleanála.
Kerry County Council had also ruled the 24m slim-line tower in a forested area in the Blackwater SAC would depreciate the value of properties in the vicinity and would be contrary to the proper planning of the area.
Objectors to the mast, mainly residents, argued the area was an important tourist route in a scenic area where the unspoilt landscape must be protected.
They had also argued that the Kerry County Council development plan required masts to avoid national and internationally designated sites such as SACs.
The felling of the forest would leave the mast exposed, the objectors also argued.
Residents also argued strongly "the precautionary principle" in relation to health effects should apply and the mast would devalue houses in the Blackwater area.
However, senior planning inspector Brendan Wyse said the slim-line mast would not have a significant impact on the Blackwater River SAC.
He also said the council's 1km restriction would "pose serious difficulties" in the implementation of national policy in providing telecommunications infrastructure. There was no indication in the development plan as to what "the reasoning" behind the 1km restriction was, whether it referred to health or to visual amenity, Mr Wyse said.
Vodafone's application showed compliance with the relevant exposure limits for non-ionising radiation as certified by the telecoms regulator, and this satisfied the approach to the health issue as advised in the Department of the Environment guidelines.
The site is located in a relatively remote area with only a small number of dwellings located within a kilometre.
"In my view, none of the houses in the general vicinity would suffer any significant deterioration in amenity terms as a result of the proposed development," Mr Wyse said in his report, "and I concur with the applicants that no evidence has been produced to show how devaluation of houses would occur."
The board ruled in accordance with the inspector. Permission is for a period of five years to enable the impact of the development to be reassessed, having regard to changes in technology and design.
Vodafone has also appealed the council's refusal of a mast at Moll's Gap. The mast was to serve the Black Valley, a notorious reception blackspot, but was turned down because it was within a kilometre of a shop.