The High Court has granted an order restraining four landowners in Co Kerry from obstructing ESB personnel entering their lands, over which the board proposes to erect a 38 kv power line to feed power from a privately-owned windfarm into the national grid.
The ESB had sought the order against Mr James O'Connor, of Dromthaker, Mr James Walsh, of Ballinvosherig East, Mr Jerome Leen, Ballincollig, and Mr Richard Chute, Ballyaukeen.
Mr Mel Christle SC, for the ESB, said the company had planning permission from Kerry County Council, upheld on appeal from Bord Pleanala, for the erection of the power lines across the defendants' lands. The lines would run between the Tursillagh windfarm and the board's 110 kv transformer station in Tralee.
The defendants had refused to allow the board's employees onto their lands to erect the power line.
Counsel said the windfarm was one of 17 successful applicants (out of a total 208), for a licence to supply alternative power to the ESB. The windfarm was almost ready to operate, but it would take six months to put in the power lines. Unless the project was up and running by the end of the year, it could turn out to be a financial catastrophe because the owners of the windfarm could lose substantial EU grants.
In an affidavit, Mr William Leen, a member of Kerry County Council, of Poulawaddra, Tralee, said any attempt by the board to start work on the project without the council's approval for the proposed line route was in breach of planning permission.
He believed the power line would affect the visual amenity of the area and said considerable fear had been generated regarding health risks relating to such lines. He believed the area over which the power line was to be constructed was extremely high in radon gas. Accordingly, the effect of the power line would be greatest in this area.
In another affidavit, Mr Mike Barry, secretary/director of Tursillagh Windfarm Ltd, said that although he was not a party to the dispute, his company was greatly affected by the outcome. The company had a 14-year fixed-term contract to supply 15,000 kw of power, but construction of the 38 kv power line was already two months late. Any further delay would have very serious financial consequences for the project and would result in his company not being able to meet its financial expectations during the first few months of the ESB contract.
Granting the application, Mr Justice O'Neill said any work undertaken by the ESB before the issue of full approval for the development was, in his view, more in the nature of necessary planning or pre-development work. If the defendants were satisfied the power line was wrongfully or improperly erected on their land, they could seek compensation.
However, if he refused to grant the injunction, there could be dire consequences for the project, including the possibility of it being in jeopardy, the judge said.
On the balance of convenience, he granted the order to the ESB against the defendants. It will apply until the trial of the action between the parties.