A dispute between Irish Rail and Tipperary County Council over a signal mast that the local authority says is impacting a Gothic revival railway station built in the 1850s has reached the High Court.
Irish Rail says the mast is 130m from the old Cahir railway station, a protected structure. It further submits that it has constructed 700 similar masts around the State without complaint.
Irish Rail and its parent company Córas Iompair Éireann took the case seeking to quash the council’s decision of last month to serve an enforcement notice under the Planning and Development Act 2000. This requires Irish Rail to “to cease and remove” the train signalling mast by September.
Irish Rail submits that the council wrote to it saying the train signalling mast was not an “exempted development” under the relevant Act.
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The company says the local authority erred “in law and in fact” in its decision to issue the warning and in its determination regarding the extent of curtilage land attached to a protected structure.
It is submitted that the previous Co Tipperary development plan confirmed there had been four structures identified as protected at the location – the old rail station, the associated goods store, which is now roofless, a footbridge and a shelter.
However, Irish Rail stated that the latter three have been excluded from the plan and the protected status now only applied to the station building.
The applicants submit that the council acted ultra vires – outside of its powers – in saying that exempted works lose their exemption if they materially affect the character of a protected structure or any element of it that contributes to its special architectural, cultural or historical interest.
Irish Rail say it is “inconceivable” that the signal mast could fall within the land curtilage of the protected building, which is 130m away.
It is further submitted that the council erred in saying an unauthorised development within a curtilage area could have had a “direct impact” through construction, excavation, alteration, repair, demolition or renewal of the station house.
The warning from the council, Irish Rail notes, carries with it a noncompliance fine of up to €12 million and two years’ imprisonment.
It is submitted that Irish Rail has “constructed and installed over 700 similar such signalling equipment without complaint in the functional area of over 20 planning authorities throughout the country”.
The matter will be back before the court on July 20th.
