TWO retired farmers, objecting to a planning decision by An Bord Pleanala, lost their challenge in the High Court yesterday.
Mr Patrick Keane, of Clahansavene, Kilbaha, Co Clare and Mr Patrick Naughton, Tullig Cross, Co Clare, had objected to the decision to allow the building of a 720 foot radio mast and ancillary facilities near Loop Head, Co Clare.
In another aspect of the case the Supreme Court decided that the Commissioners of Irish Lights did not have the power to carry out the development.
Yesterday in the High Court Miss Justice Carroll said leave to apply for judicial review was granted by the Supreme Court last March 12th.
The court heard that, in arriving at its decision, the board considered matters which included the argument that the court had to consider an international agreement in Oslo on August 6th, 1992, and a Dail resolution approving the terms of the agreement.
There were also claims that the effects of the Loran C system would operate up to 500 miles off shore, outside the State's jurisdiction.
The judge said the issues came down to whether the board, in arriving at its decision, was entitled to take into account the international agreement ratified by the Dail and the common good and the effect of the Loran C system, outside territorial waters.
She said the law intended that the planning authority and the board should take account of the probable effects of a particular decision on an area outside the relevant planning area.
She did not agree with the submission that "area" in the section must mean a planning area. It seemed to her that "area" could even include the sea.
The board, under the 1976 Planning Act, was obliged to keep itself informed of the policies and objectives of the Minister for the Marine. Also relevant was the question of whether the board was entitled to take the common good into account.
The benefits to the community in general were made known at the inquiry, so the board did not conjure up the element of "common good". It was entitled to take the particular common good, as envisaged by the Government, into consideration and to make a planning decision accordingly.
The last argument was that the board was not entitled to take into account the fact that the system operated 500 miles out to sea.
It seemed to her that it took into account of the entire system.
In this case there was an element of common good within the territorial waters and in providing a link in an international network in compliance with Ireland's international obligations.