Galway Bay fm newsroom - The commercial court hearing to decide if the go ahead for the Apple centre in Athenry can be appealed is to resume tomorrow morning, after a three hour session today.
Two years ago, Apple announced plans to build an €850m facility but the project has been delayed by legal challenges.
The court paved the way for work to begin earlier this month, but the objectors now want permission to appeal that decision.
Apple was granted planning permission for one data hall on a Coillte owned site near Athenry Golf Club in Derrydonnell.
Its so-called “masterplan” is to build seven more data centres on the 500 acre site.
Local residents Sinead Fitzpatrick and Allan Daly objected on a number of grounds, the most significant of which is their contention that An Bord Pleanála failed to carry out an Environmental Impact Assessment for the entire development.
They also raised concerns about energy usage, especially if eight data halls were built and accused the planning board of not giving that issue due consideration.
The Commercial Court dismissed their challenge earlier this month, and is now hearing their application for permission to appeal.
To be granted it, they must show the judgement raises a point of exceptional public importance that needs to be determined in the public interest.
They have posed five specific questions which they feel need to be addressed by the Court of Appeal.
But counsel for An Bord Pleanála claims there’s no uncertainty or relevant points of law that need to be explored, just an unwillingness of the applicants to accept the decision.
Nuala Butler went on to say this wasn’t an opportunity for them to simply rehash a case that’s already been run and lost.
She said the threshold for approval was set at a high level and refused to accept any of the points of law of meeting or exceeding it.
She said An Bord Pleanála wasn’t required to do a full environmental assessment of Apple’s masterplan and accused the other side of failing to address the public interest issue at all – a vital element if leave is to be granted.
The two-day hearing will resume tomorrow morning.
