Brian McDonagh's Apple data centre challenge fast-tracked

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Brian McDonagh’s legal challenge to planning permission for Apple’s proposed data centre at Athenry, Co Galway, was admitted to the Commercial Court. Mr Justice Brian McGovern found the case appropriate for the list. The proceedings were reported on 14 November 2016.

On 14 November 2016, lawyers for Apple Distribution International, the proposed developer and a notice party, applied to have the action admitted to the Commercial Court. Mr McDonagh opposed the transfer, saying the timetable would leave insufficient time to obtain EU documents needed for his case. Representing himself, he said he did not oppose Apple coming to Athenry but wanted compliance with proper planning procedures.

The judicial review challenges An Bord Pleanála’s August decision granting permission. Mr McDonagh alleged breaches of EU forestry directives. However, Rory Mulcahy SC, for Apple, said the High Court had refused permission to include the forestry argument and Mr McDonagh had appealed that ruling to the Court of Appeal.

Mr Mulcahy also said Mr McDonagh had made no submissions to Galway County Council on the original planning application and had not appealed to the board.

A separate challenge by Sinéad Fitzpatrick and Allan Daly had been admitted to the Commercial Court the previous week. They alleged, among other grounds, that the board failed to carry out a proper environmental impact assessment. Both cases were due to be heard in March.