Frank Dunne, a member of the Dunes Stores family, has challenged in High Court access to the land of his stud farm for renovation work on an electric power line.
Dunne claims that the landing of workers at Dunboyne, Co-Meath, will affect bloodstock and reproductive functions.
He and horse breeder Ann Marshall, along with their company Hamwood Stud Unlimited, have taken two separate but interrelated actions on the ESB and Eargrid project, to renew the 22 km power line between Maynooth and Woodland in Kildare and Meath Counties. are for.
Mr Dunne was also the owner and trainer of “Stanera”, the only Irish horse to win the coveted Japan Cup.
She and Ms Marshall say works that require access to their land in Dunboyne will have a “significant impact” on their prize bloodshed and breeding operations.
They fear there is a “real possibility” of aborting the fetuses of their mares and cows if the machinery is at work with the site. They state that any disruption to operations could damage Hemwood Stud’s “worldwide” reputation.
They say they became aware of the intended actions when the ESB issued them a bailout notice last February requiring access to their land. This came on the basis of statutory declarations objected to by Kildare and Meath County councils that these Eargrid Line works were exempt developments, he says.
In a draft development plan, Irgrid states that the line needs to be upgraded to secure bottlenecks and excess capacity on the transmission network. It says that the refurbishment should extend the operating life of a 220kV line to 35 years.
In their action, Horse Breeders claims that errors were made at various stages of the planning process because there is an alleged “direct link” between the Line project and the development of a substation for multinational technology firm Intel. He claims that these projects should have been considered cumulatively.
They state that the Kildare and Meath County councils had incorrectly relied on Eargrid’s “incorrect” report that the line project was exempt from the planning permission requirement, when it should have been considered simultaneously with the substation project.
It has also been claimed that the process governing applications for exempt development under the Planning and Development Act 2016 is contrary to EU law.
Mr Dunne and Ms Marshall also alleged that contrary to the housing directive, there were various shortcomings in the environmental investigation of the impacts of these two projects. They also argue that their right to public participation in the planning process has been violated.
His case is against Kildare County Council, Meath County Council, Irgrid plc, the Attorney General and Ireland.
In their second action against the ESB, the Attorney General and Ireland, at the notice of Eargrid, seek an order to set aside the ESB’s decision to issue a valeve notice regarding access to their land.
They are seeking various declarations regarding the alleged invalidity of sections of the Electricity Act 1927 in circumstances where a landowner has no right to appeal on the alleged issue of waleive notice. His challenge in this action is based on several domestic and European law grounds.
Mr. Justice Charles Meenon allowed applicants to bring their own judicial review proceedings on a unilateral basis (only one party was represented in court). He adjourned the matter.