Court ruling allows work on gas pipeline to go ahead
Published 27/06/2002 | 00:11
WORKS in Co Mayo related to the underground gas pipeline linked to the Corrib gas field may resume following a decision of the High Court yesterday.
The works were halted on June 10 when the court granted a temporary order to a local woman who claimed they interfered with a cillin, or burial ground for unbaptised children, located at Glengad, Co Mayo.
Mr Justice O Caoimh yesterday rejected an application by Peter Bland BL, for Mary Philbin, Rossport South, Ballina, for an order restraining works at Rossport South and at Glengad.
Noting that Enterprise Energy Ireland Ltd, developer of the gas field, had sworn that the restraining order was costing it ?85,000 a day, the judge said the balance of convenience lay in refusing Ms Philbin's application.
The costs issue was deferred to the full hearing, on a date yet to be set.
Enterprise had rejected claims by Ms Philbin that the works failed to meet planning requirements and involved interference with a cillin. It said there was no recorded burial mound on the site.
The company denied that the construction of a temporary access road at Glengad presented a road safety risk. Mr Justice O Caoimh found there was a fair issue to be tried between the parties in relation to several matters.
They included whether the works were unauthorised or constituted exempt development, whether the site in question was designated a Special Area of Conservation and where the onus of proof lay in establishing a development was unauthorised.
Having found there were fair issues to be tried, the judge said he was satisfied the balance of convenience lay in refusing the interlocutory injunction.