Bord Pleanála concedes in challenge to permission for €1.2bn data centre

Case adjourned so developer could consider position

An Bord Pleanála no longer stands over planning permission it granted for a new €1.2 billion data centre campus in Co Clare, the High Court has heard.
An Bord Pleanála no longer stands over planning permission it granted for a new €1.2 billion data centre campus in Co Clare, the High Court has heard.

An Bord Pleanála no longer stands over planning permission it granted for a new €1.2 billion data centre campus in Co Clare, the High Court has heard.

Three local environmentalists and two non governmental organisations (NGOs) brought a legal challenge over the approval of the controversial project set for the outskirts of Ennis.

On Monday, the planning board’s barrister, Christopher Hughes, instructed by Fieldfisher solicitors, said it was no longer opposing the court action. Developer Art Data Centres Ltd, through its counsel Damien Keaney, asked the court for an adjournment to consider how to respond to the move.

Ms Justice Emily Farrell heard the planning body’s concession relates to its acknowledgment of a failure to properly consider the development’s effects on the environment, specifically in relation to bats. She adjourned the case to a date later this month.

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In their lawsuit over the permission, Friends of the Irish Environment, Futureproof Clare and the three locals expressed concern about an “explosive growth” of data centres in the State and their heavy consumption of electricity and water resources.

There were 82 data centres operating in the Republic as of a year ago, according to consulting firm Bitpower, while the Central Statistics Office reported that the facilities used as much electricity as all urban households during 2022.

The five court challengers, all represented by FP Logue solicitors, cited the Climate Action and Low Carbon Development Act in support of their contention that the board failed to perform its functions in line with the State’s climate action plan and other green objectives.

If it goes ahead, the proposed plant will comprise six data halls covering 145 acres and would create 400-450 permanent jobs, according to the developer.

The planning, strategic assessment and zoning processes took six years, before An Bord Pleanála granted permission last April.

Ellen O'Riordan

Ellen O'Riordan

Ellen O'Riordan is High Court Reporter with The Irish Times