Eirgrid appeal planning condition to power line upgrade

Anton McNulty

Eirgrid has appealed a planning condition of the upgrade of the power line from Bellacorick to Ballina that stipulates that the developer should contribute towards the cost of community amenities.
Eirgrid PLC was granted planning permission by Mayo County Council to upgrade the existing 27km 110KV overhead power line from Bellacorick to Ballina. The upgrade will consist of alterations to all of the existing 129 structures on the line, including the replacement of 14 wooden pole sets and ten steel angle masts.
Planning permission was granted subject to 15 conditions. The 15th condition stated that “prior to the commencement, the developer shall submit proposals for the agreement of Mayo County Council as to how he intends to comply with Mayo County Council’s policy document ‘Policy on Community Benefit Contributions required for certain major developments’.”
The reason for the condition was that it was considered reasonable that the developer should contribute towards the cost of environmental, recreational or community amenities which will ‘help mitigate the impact of the development on the local community’.
In the appeal against the condition to An Bord PleanΡla, Des Cox, Senior Planning Consultant with Eirgrid, stated that Eirgrid ‘fully acknowledge’ the importance of ‘demonstrable community benefit’ in the provision of new strategic infrastructure.

Upgrading
However, he added that this project related to the upgrading of a long-established transmission line, rather than the provision of a new line.
Mr Cox added that the upgrade of this line was similar to the upgrade of the Bellacorick to Castlebar line, which was granted permission in 2014. A similar planning condition was attached to this project but An Bord PleanΡla found that this condition should not be attached to any grant of permission.
Mr Cox said Eirgrid’s submission does not comprise an appeal against the substance of Mayo County Council’s decision and only queries the merit of condition 15.
The project had faced opposition, with Peter Sweetman on behalf of the Moygownagh and Kilfian Community and Landscape Protection Group raising concerns that the applicant had no legal entitlement to carry out the project and that the project would have an negative effect on a European designated site.
However, the Council stated it had the legal entitlement to carry out the works and that the works would not have an adverse affect on the integrity of the designated site.
An Bord PleanΡla is due to give their decision on the appeal on January 12, 2016.