Supreme Court Ruling technical in nature and does not change any of the issues for Eirgrid and their partners ESB

February 20, 2019

Media Release from North East Pylon Pressure Campaign (NEPPC)

19 February 2019

The critical issue of access to landowners’ property could not be assessed because access routes were never submitted for approval to An Bord Pleanála.

 NEPPC submitted 7 issues in its Supreme Court application. Only 3 were accepted for consideration, which focused primarily on whether An Bord Pleanála was properly designated in its role as competent authority for projects of common interest and issues around discounting of alternatives to overhead lines in the planning application.

The ruling today is very much related to the An Bord Pleanála (ABP) approval. It does not address or have any impact on the ongoing issued facing the project. The 2 key issues in relation to the challenges ahead – those related to access to landowners’ properties and the impact of Brexit on the future status of the project- were not considered by the Court. Why? Because the planning application did not request permission for the 584 access routes and hence no permission was granted. And because at the time of the approval Brexit had not materialized.

So, nothing changes on the ground. ABP imposed conditions in respect of access, requiring the submission of a construction and environmental management plan, a traffic management plan and a waste management plan to the relevant planning authority, to incorporate mitigation measures and details of the intended construction in respect of each temporary access route, prior to the commencement of development. Not one single access route has been submitted to local authorities. Not one single official access route has been sent to any landowner. No agreement for access exists at landowner level.

Any attempts by ESB and EirGrid to request the local authorities to vary of the Conditions imposed will be challenged by landowners’, one by one, at the appropriate time.



Aimée Treacy, NEPPC


Filed under: Press Releases 2019

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