Second case on Apple centre

A second legal challenge against the planning authority decision to allow Apple develop a data centre in Co Galway has been transferred to the fast-track big business division of the High Court.

Brian McDonagh has brought a challenge against Bord Pleanála’s decision last August to allow Apple build the data centre, which is one of eight such proposed developments, at lands at Toberroe, Palmerstown, Derrydonnell at Athenry in Co Galway.

Mr McDonagh, who was previously given permission to have the board’s decision judicially reviewed, wants the decision quashed on grounds including it breaches EU directives on forestry.

At yesterday’s sitting of the commercial court, Apple Distribution International, the entity which seeks to develop the data centre and a notice party to Mr McDonagh’s action, applied to have the case admitted to the fast-track court list.

Representing himself, Mr McDonagh of Unit 1, Ballymount Cross Business Park, Dublin 24 said he “did not oppose Apple coming to Athenry” but wanted to ensure they “comply with proper planning procedures”.

He said he wanted the case heard by the High Court or in Europe.

Seeking to have the matter fast-tracked, Rory Mulcahy SC for Apple, said that Mr McDonagh had been refused permission by the High Court to include the argument about an alleged breach of the forestry directive in his action. He has appealed that ruling to the Court of Appeal, counsel added.

Counsel said Mr McDonagh did not make any submissions to Galway Co Council in respect of the original planning application, nor did he appeal to the board. Mr McDonagh “only came on the field after the board made its decision”, counsel said.

Having considered the submissions, Mr Justice Brian McGovern said he would admit what was an appropriate case to the list.

The court heard that last week a separate action was brought by Sinead Fitzpatrick and Allan Daly who are also challenging Bord Pleanála’s decision.

Ms Fitzpatrick and Mr 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.

The judge also ruled that the two cases are to be heard together next March.

Apple says the proposed centre is a critical piece of infrastructure.