Apple Athenry

Apple DC objectors refused appeal

Pro
Apple's proposed Athenry data centre (Image: Apple)

1 November 2017

The High Court has refused permission to appeal its decision to allow Apple’s Athenry data centre project to proceed.

Two objectors had sought to appeal the high court decision, that would allow the data centre project to proceed, on the grounds of public interest.

In a written judgement given to the parties in the case, Mr Justice McDermott told lawyers for Athenry locals Allan Daly and Sinead Fitzpatrick they could not bring an appeal to the Court of Appeal.

Some weeks previously, the court had rejected an application to overturn permission from An Bord Pleanála for the nearly $1 billion data centre.

The objections centred around whether under the Environment Impact Assessment rules, it was right to assess an overall, long term plan, or just the initial plan as put forward. This is because the proposed development concerns one data hall, but plans have been made that could include up to eight such facilities on the site.

There is a facility to appeal a High Court decision, where a judge can decide on whether an issue is of exceptional public importance, and therefore in the public interest to pursue. A case could then be taken to the Supreme Court.

The planning and appeals process has now taken some three years, leading many within the industry to fear for the viability of the project.  A similar facility in Holland, announced around the same time as the Irish project, is already up and running, with a second such facility planned to be in operation by 2019.

 

TechCentral Reporters

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