TWO farmers who lost their High Court case challenging planning permission for the erection of a 720-foot radio mast and ancillary facilities near Loop Head, Co Clare, were given leave yesterday to appeal to the Supreme Court.
Miss Justice Carroll, who dismissed the case on December 6th, said in the High Court yesterday that she was prepared to issue a certificate for an appeal as there was a point of law of exceptional public importance.
The case is being taken by Mr Patrick Keane, Clahansavene, Kilbaha, Co Clare, and Mr Patrick Naughton, Tullig, Cross, Co Clare. They are challenging Bord Pleanala's decision to grant planning permission for the mast.
Miss Justice Carroll had said in her judgment that the issues were whether the board in arriving at its decision was entitled to take into account the international agreement ratified by the Dail in 1992, the common good and the effect of the Loran C system outside territorial waters.
The board was entitled to take the international agreement and the resolution of Dail Eireann into account in considering this matter. Also, it was entitled to take the particular common good as envisaged by the Government, when it entered into the international agreement, into consideration and to make a planning decision accordingly.
Regarding the effect of the system outside territorial waters the board had taken into account the entire system from the shore out to sea. The benefits from the system accrued within territorial waters as well as outside. There was an element of common good within the territorial waters and in providing a link in an international network in compliance with international obligations.