THE High Court has quashed plans for a telecommunications mast in Eyeries which had been approved by An Bord Pleanála.
Charity group Friends of the Irish Environment (FIE) had brought the challenge against the Eyeries mast, which would have seen an existing 10-metre pole replaced with a 15-metre mast with an array of antennae.
The Eyeries mast had initially been refused by Cork Co Council in November 2022 but was successfully appealed to An Bord Pleanála. Friends of the Irish Environment brought the High Court challenge, which was heard last week before Justice Emily Farrell, who ordered the quashing and remittal of the application to An Bord Pleanála.
The High Court action brought by FIE had questioned An Bord Pleanála’s qualifications to approve telecommunications masts as the Board ‘has no internal expertise in relation to telecommunications engineering and have not commissioned external expertise in relation to telecommunications engineering’.
FIE director Tony Lowes said the original sites were intended to facilitate a landline telephone network.
In July 2023 the John Laing Group, a British developer and operator of infrastructure projects, bought the original Irish nationwide portfolio of 409 Eir Exchanges, with over half of the sites due to be upgraded or redeveloped over the next 10 years.
Mr Lowes said he acknowledges the telecoms benefits but ‘developments do not have to come at the cost of our protected heritage’.
‘In rural areas, the guidelines require developers in the first instance to explore alternative locations – such as forestry.
‘The Council and the board’s inspector found that the developer had not explored any alternative locations other that the Eir Exchange, which is positioned 5m from the nearest house.’
The initial board inspector had advised that due to its height, the complexity of dishes, antennae and aerials, and its proximity to designated scenic routes and within an area of high landscape value, the development would have a ‘disastrous impact’ on the residential amenity and ‘contravene development plan objectives for the protection of high value landscape’.
FIE has legal challenges underway to other planned masts in West Cork, in Bantry, Kinsale, and Kilbrittain, with further challenges at sites across the country.
‘This new flood of applications make it vital that An Comisiún Pleanála retain the necessary expertise to address telecommunications masts,’ said Mr Lowes.