Landowner in dispute with ESB over tree trimming says damage caused is €64,000
Anne O'Loughlin
A landowner who allegedly overturned an ESB machine in a dispute over tree trimming near high voltage power lines is seeking €64,000 for damage he says was caused to his land during the works, the High Court heard.
Tom O'Shea, of Stellrose, Wheelam, Milltown, Newbridge, Co Kildare, allegedly overturned the tree trimming machine with the operator still inside using his own digger last May, the ESB told the court last July.
He had also told ESB workers that he would "pull down the line", before overturning the tree trimming machine, if they did not stop working on the trees on his land. He then locked his digger and walked off towards his farmyard, the court heard.
The ESB went to court seeking an injunction preventing interference and allowing the works to be carried out.
Mr O'Shea, who has represented himself during the proceedings, agreed before the court in July to allow the ESB carry out emergency works to make the line safe.
The ESB said the work needed to be carried out urgently on trees near the 110kv Cushaling-Newbridge overhead lines because of the danger of fire and blackouts.
He agreed not to interfere with the works after the ESB agreed to get one of its staff, who previously engaged with Mr O'Shea, to conduct further negotiations with him.
Mr O'Shea previously interfered, in 2009, with tree trimming on land he owns and ultimately was brought before the High Court for breaching undertakings not to do so.
On Wednesday, Stephen Dodd SC, for the ESB, said the safety works were carried out over seven days following Mr O'Shea's undertaking not to interfere. It was found there was an even greater danger to the public than anticipated, counsel said.
Mr O'Shea then complained about the state of his land after the works, Mr Dodd said. He also sent documents to the ESB in which he raised a lot of historical grievances he has had, including the state of his land after the works. Counsel said these were separate matters from the application to carry out the works.
Mr Dodd asked for a number of weeks to reply to an affidavit he filed. The ESB had an expert look at the damage, which is a normal part of such works, and estimated it would cost between €5,000 and €10,000 to rectify, he said.
The ESB had offered him an ex gratia payment of €10,000, but he had not responded to that, counsel said.
Mr O'Shea told the court he got a quote from his own expert, and the cost of repairing the damage "comes to an enormous amount of money, it is €64,387".
He also wanted the case adjourned to January because he was concerned that he would lose his Single Farm Payment from the Department of Agriculture if the damage is not repaired.
Mr Dodd said Mr O'Shea's complaints, including about the Single Farm Payment, would be addressed in the ESB's replying affidavit.
Mr Justice Brian Cregan gave directions for the timetable for the exchange of papers and put the matter into December. He also adjourned the issue of costs until then.
