‘A major fight on their hands’

Battle lines are being drawn as representatives of EirGrid seek to proceed with construction of the controversial North South electricity interconnector in the New Year despite resistance from many affected landowners along the proposed route.

The semi-state company has written to three county councils - Cavan, Monaghan and Meath - requesting a joint meeting with their respective planning departments to discuss statutory powers to access lands in order construct the high-voltage power line through this region.

By serving what is known as a ‘Section 53 wayleave notice’, even without landowner's consent, EirGrid, through the ESB, hope to press ahead with plans to erect the southern section of its planned 138km long, 400kv electricity line from Yurleenan in Tyrone to Batterstown in Meath.

Last year the State-owned utility provider began carrying out pre-construction, ecological and ground investigation borehole surveys.

One of the last times that EirGrid met with planning reps from this region was in 2018.

September 2018 when it sought to, according to records obtained by the Celt via the Freedom of Information Act, ‘seek agreement or otherwise on the approach to discharge of the planning conditions’.

Attending that meeting at the Nuremore Hotel near Carrickmacross included officials - names redacted - from EirGrid, ESB Networks, ESB International (ESBI), and from Meath and Monaghan County Councils, but not from Cavan.

At that meeting Eirgrid were asked to explain ‘how access to land would be gained’ in the event of a landowner refusing access. Their recorded response was: ‘We endeavour to gain access to land with the agreement of the landowner. This is how the vast majority of access to land is obtained. However, if agreement cannot be reached despite all reasonable efforts, there is statutory provision within the Electricity Act for access to land for the purpose of construction and maintaining transmission infrastructure. These powers are provided on serving a wayleave notice. This notice is served by the ESB.’

Letter to landowners

The request to sit down with council planners was sent less than 24 hours after affected landowners along the proposed route received a letter, signed by Michael Mahon, Chief Infrastructure Officer at EirGrid, alerting them of plans to begin further engagement in the near future.

The letter, which more than 400 affected landowners received last Thursday, October 5, states that as planning approval has now been granted across both jurisdictions, construction of the interconnector project is scheduled to begin as early as next year.

‘The project is scheduled for completion in three years,’ states the letter, which outlines how the ESB equivalent in Northern Ireland, SONI, has already managed to secure agreement on access and compensation from ‘in excess of 50%’ of affected landowners there.

‘The remainder of these are anticipated to be completed by year end.’

The letter says that EirGrid Agricultural Liaison Officers (ALOs) will ‘shortly visit all landowners to discuss compensation as part of a landowner pack’.

This is expected to be posted out in advance of any visit by an ALO and will include a letter explaining ‘details of an option agreement with associated compensation’, a map showing the intended route of the electric line across property, and a project update brochure outlining the ‘community benefit fund and details of proximity payments for those living close to the line’.

Rejection

As expected, the response from the North East Pylon Pressure Campaign (NEPPC) was swift. The group issued a letter of its own to their mailing list of affected landowners urging them to give authority to NEPPC to communicate with EirGrid on their behalf.

The NEPPC letter advises landowners to ‘not engage’ in discussions or negotiations with any EirGrid, ESB, ESB Networks, ESB Networks Ltd personnel, their servants and/or agents.

The form of authority also states that ‘no representative, servant and/or agent of Eirgrid, ESB, ESB Networks, ESB Networks Ltd, is permitted to enter onto my/our land and premise’.

The form, once sent by a landowner to EirGrid, is ‘effective immediately’ and runs until December 31, 2025.

EirGrid has, in the past, been accused of dismissing landowner rights, and NEPPC claim EirGrid, and not the ESB, is solely responsible for defining specific access routes for each of the proposed pylons.

NEPPC accuses EirGrid and the government of focusing only on the technical aspects of overhead lines or undergrounding, while failing to full take into account the risk to environment, communities, landscape and heritage, along with farming practices and other livelihoods.

‘Fight on their hands’

The subject of the letter issued to local landowners was raised by Fianna Fáil’s Clifford Kelly at the October monthly meeting of Cavan County Council.

He stated: “No doubt about it, EirGrid will have a major fight on their hands.”

The Kingscout elected representative also asked that clubs and other community organisations refuse to take what he described as “bribes being offered” by EirGrid.

“They’re only trying to soften the blow,” he said.

Cllr Kelly has had a long-standing motion on the agenda since 2020 asking for the council’s executive to outline any correspondence between EirGrid or its agents with the local authority.

Director of Services Brendan Jennings confirmed correspondance requesting a meeting with planners.

He stated the letter concerned “planning compliance”, and that the ESB was intending to proceed with delivering the project. Prior to this, however, a meeting is being sought with planners in all three counties.

Despite backlash, EirGrid has at all times maintained that constructing the system above ground is the only feasible option.

Securing energy supply

In March of this year sparks flew in the council chamber when Eirgrid CEO Mark Foley shared a belief that Ireland faces blackouts in as little as two years time if the project is not delivered. He stated too that the interconnector will play a pivotal role in increasing competition and helping with security of supply challenges across the island.

Similar presentations were given before councillors in Meath and Monaghan also.

Planning permission for the southern section of the project granted planning by An Bord Pleanála in 2016, before being the subject of a failed judicial review in the High Court. An appeal was later dismissed by the Supreme Court in 2019.

In Northern Ireland, planning was secured in September 2020 following the re-establishment of the Stormont Executive. This planning approval is now subject to judicial review.

In April 2021 ESB Networks initiated an EU procurement process to award a framework contract for the construction of the project.

The technical approach for the project adopted by EirGrid has meanwhile been the subject of several independent reviews.

As recently as March 2023, the government noted the latest review by independent experts, which found that the conclusions of the 2018 International Expert Commission on the decision to build the North-South Interconnector above ground remained valid.