IN THE Supreme Court yesterday two retired farmers, objecting to the erection of a 720 foot radio mast near Loop Head, Co Clare, were given leave to challenge An Bord Pleanala's decision to grant planning permission.
In a previous High Court decision, the farmers had been given leave to take action against the Commissioners of Irish Lights but were refused permission to seek judicial review against An Bord Pleanala.
In the High Court the farmers won the action against the Commissioners. The Commissioners appealed to the Supreme Court which reserved its judgment.
The case is being brought by Mr Patrick Keane, of Clahansavene, Kilbaha, and Mr Patrick Naughton, Tullig, Cross.
The Supreme Court gave liberty to the farmers yesterday to go back to the High Court to seek judicial review against An Bord Pleanala on one point only whether or not the board's decision took into account the common good.
The Commissioners want to erect the mast as a navigation aid for shipping. In February 1994 Clare County Council turned down a planning application for the development. An Bord Pleanala allowed an appeal.
The Chief Justice, Mr Justice Hamilton, said the High Court judge was wrong in refusing the farmers leave to seek judicial review as it was a point of considerable public importance which should be heard.