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Ennis protestors all set for High Court

This article is from page 13 of the 2006-06-06 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 13 JPG

THE battle-lines have been drawn as a campaign to prevent the erection of an ESB mast gathers momentum.

Residents attempting to prevent the ESB installing a 30 metre high mast at one of its substations at Cahercalla More, are to take their case to the High Court.

The first legal steps have already been taken, with solicitors acting on behalf of residents seeking to appoint a barrister who will apply to the court for a leave of appeal that will kick start the legal battle.

The controversy has rumbled on since An Bord Pleanála overruled the decision of its own inspector, and that of Clare County Council, to grant the ESB permission to erect the 80 foot high telecommunications mast.

The board’s inspector had strongly recommended against the move, saying it would set an unwelcome precedent in the town.

The proposed site sits in the middle of a densely residential area. The Eire Óg GAA grounds and Cahercalla Hospice are also located nearby.

Residents must finance their action from their own pocket, because Ennis Town Council opted not to pursue a judicial review on foot of receiving legal advice. The locals could incur costs in excess of €80,000, but are determined to fight on.

Spokesperson Noel Mulhaire says that residents living in nearby Riverview have given their support to the campaign.

“Our solicitors have been working over the past week and we have started legal proceedings. It will be expensive and we are going to have to pay the costs, but there is no way we can let this thing go ahead. We have got good support from locals living in Riverview and we have to try and continue to raise money.”

Since the decision by Ennis Town Council not to pursue legal proceedings, there has been no contact between locals and the ESB. Mr Mulhaire says confidence is high that the mast can be stopped.

“We have received good support from councillors, TDs and members of the Oireachtas. We have received strong legal opinion that it couldn’t go ahead and that An Bord Pleannala’s decision to overturn the inspector was outside their jurisdiction. By going down the judicial process, we hope that it can be stopped”

The campaign has also received support from the Rossport Five. Mr Mulhaire said that plans for a protest march were being discussed.

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