Apple wants the courts to clear its massive Galway data centre 'as expeditiously as possible'

A LEGAL CHALLENGE against planning authorities’ decision to allow multinational tech giant Apple to develop a data centre in County Galway has been transferred to the fast-track commercial court division of the High Court.

The action has been brought by Sinead Fitzpatrick and Allan Daly against An Bord Pleanála’s decision in August to allow Apple build the data centre at lands at Toberroe, Palmerstown, Derrydonnell at Athenry in Co Galway.

They want the board’s decision to give the data centre the green light quashed. The cost of the overall proposed plan is some €850 million.

Fitzpatrick and Daly of Lisheenkyle, Athenry, which is close to the proposed centre, claim the decision to grant permission to Apple is invalid on grounds including that the board failed to carry out a proper assessment of the effects the proposed development will have on the environment.

Fitzpatrick says she and her neighbours are concerned about the development, particularly about the enormous energy demand that the development would create in the location.

On a full build-out, the development has a bigger energy demand than the greater Dublin area. She says there appears to be little or no analysis of the environmental impacts of this increase in power demand.

A Google data centre in Dublin

Fast approval

Today, Apple Distribution International, the entity which seeks to develop the data centre and which is a notice party to the action, applied to have the case admitted to the fast-track commercial court list.

In a sworn statement seeking the transfer, Catherine Kearney, a director of Apple Distribution International and vice president of operations for Europe, India, Africa and the Middle East, said the company wants the action “as expeditiously as possible”.

The company’s data centres, she said, “are critical pieces of infrastructure required to support the worldwide demand for global storage necessary to cater for the rapid expansion in wireless electronic communication, entertainment and work.”

“Apple has experienced an exponential growth in the demand for data processing and storage and expects this trend to continue in the future.”

The growth in demand for Apples cloud computing and storage service means a large number of large data centres need to be built on a phased basis to deal with the demand.

The Athenry project is expected to create hundreds of jobs both directly and indirectly.

Athenry town in Galway

Two challenges

The case, which is one of two challenges brought against the proposed facility, was admitted to the list by Justice Brian Cregan.

Rory Mulcahy SC, for Apple, said the company intends to seek to have another action, brought by County Wicklow landowner Brian McDonagh, also transferred to the commercial court.

Apple want both challenges would be heard together and that a hearing date be fixed for March of next year, counsel said.

Representing himself, McDonagh told Justice Cregan he was objecting to the transfer of the cases to the commercial list claiming that to do so would prejudice his own action.

However Justice Cregan said while he was satisfied to admit the Fitzpatrick/Daly case to the commercial court list, nothing would be done in respect of McDonagh’s action until it returns before the court next Monday.