Courts / Galway / Report

Legal challenge to Apple's €850m Athenry data centre is fast-tracked

Date
2016-11-07

Stage
Hearing Or Decision

Primary locality
Athenry

County
Galway

Summary

The High Court has fast-tracked a legal challenge to An Bord Pleanála's August decision permitting Apple to develop an €850m data centre in Athenry, Co Galway. Applicants Sinead Fitzpatrick and Allan Daly seek to quash the planning permission, alleging the board failed to conduct a proper Environmental Impact Assessment regarding the development's significant energy demands. Apple Distribution International, represented by Rory Mulcahy SC, applied for the case to be admitted to the commercial court list to resolve the matter expeditiously. Mr Justice Brian Cregan admitted the Fitzpatrick and Daly action to the fast track. Apple intends to seek the transfer of a second challenge, brought by Co Wicklow landowner Brian McDonagh, to the commercial court to have both cases heard together in March next year. However, Mr McDonagh, representing himself, objected to the transfer, claiming it would prejudice his action. Mr Justice Cregan stated that nothing would be done regarding Mr McDonagh's action until it returns before the court next Monday. The matter involving Fitzpatrick and Daly was thus admitted to the commercial list, while the procedural status of McDonagh's separate challenge remains pending further hearing.