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Dáil
‹ Leaders' Questions

Planning delays and judicial review

Summary

The Taoiseach expanded on the need for a planning system that allows views to be heard but delivers decisions more quickly, criticising judicial reviews that delay both private and public projects. He indicated that reform can be difficult and may require constitutional change.

Leo Varadkar The Taoiseach Fine Gael

In continuing the sporting theme, we should also acknowledge the phenomenal success of the Cork camogie team on its victory a few weeks ago.

All Members look forward to seeing the Dublin ladies Gaelic football team achieve a footballing double for the blue city this weekend.

Ireland is often referred to as the data capital of Europe. There are currently 27 data centres in the country and the Government is very keen for the Apple data centre in Athenry to go ahead. It involves a capital investment of €850 million which will provide 300 construction jobs and 150 on-site permanent jobs. It will be one of the biggest capital investments in the west of Ireland, matched only by the Gort to Tuam motorway. Planning permission was originally granted by Galway County Council in September 2015 and affirmed by An Bord Pleanála in August 2016. However, as Deputy Grealish mentioned, the planning permission is currently subject to judicial review in the Commercial Court. The Government looks forward to a speedy decision in that case.

I met the vice president of Apple approximately two weeks ago. We discussed Athenry. She reaffirmed Apple's commitment to going ahead with the project. Notwithstanding that another data centre is going ahead in Denmark, provided planning permission is granted Apple remains committed to the Athenry project, which I very much welcome. However, the Apple representatives made it very clear to me that they are frustrated at the planning and judicial delays and while that will not affect this project it will colour decisions that they might make about future investments and, therefore, I share the Deputy's concerns in that regard.

The Government is considering a change to the Planning and Development (Strategic Infrastructure) Act to include data centres as strategic infrastructure, thus allowing them to get through the planning process much more quickly. In July, my Department established a high-level working group comprising the Department of Business, Enterprise and Innovation, the IDA, the Department of Housing, Planning and Local Government, EirGrid and the Department of Communications, Climate Action and Environment. It will develop a strategic policy approach to the development of data centres in Ireland, including the possible designation of areas for suitable development as data centres and also the identification and resolution of planning issues and infrastructure requirements including the energy requirements of data centres.

The Government is very keen for this project to go ahead. I am reassured by Apple of its commitment to the project but the Government acknowledges that planning issues and delays in the courts undermine the case for future investment and it intends to act on that.

Comment on this

I thank the Taoiseach for his response. I also met with Apple executives after planning permission was granted, in particular by An Bord Pleanála. I was the only politician to attend and speak in favour of the project at the An Bord Pleanála hearing. Several Apple executives met with me in that regard and at that time they gave a commitment that Apple would build the facility in Athenry, although that was before the judicial review was instituted.

Ireland has always been an attractive location for multinationals. As a nation, we have prided ourselves on our progressive policies and well-educated workforce which have brought over 1,000 US companies to Ireland and led to more than 200,000 people being directly employed in multinationals and thousands more indirectly employed in support companies. Companies such as Microsoft, Google, Facebook and medical device companies such as Medtronic, Boston Scientific and Merit Medical have been very successful as a result of their Irish operations. As can be seen from the issues encountered by the proposed Apple development, our planning laws now pose a very serious threat to Ireland's future investment potential. It is essential that the planning laws are addressed and a signal sent to the rest of the world that Ireland is very much open for business and that a situation such as this will not happen again.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I agree with Deputy Grealish. It is important that Ireland has a planning process that allows people to give their views on any planning application but it is also important that decisions are made speedily. It is frustrating to see so many of these important decisions being held up in the courts by means of judicial review. That does not only affect private sector projects such as this as important public infrastructure projects are also often held up in the courts. Any change to how the courts operate is difficult to put in place and can require constitutional change but in terms of the planning laws the designation of projects such as this as strategic infrastructure would allow them to receive planning permission much more quickly.

On my travels around the country over the summer I had an opportunity to visit Athenry, take a look at the site and meet with Councillor Peter Feeney and Deputy Ciaran Cannon. I know the strength of support for this project in the community in Athenry and that residents there see it as a real benefit to them.

We will work very hard as a Government, without interfering in the courts, to bring this project to fruition.

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