Written answer
Data Centres
Planning applicants must show legal interest, but permissions follow the land or development; the Minister has no plans to require disclosure of sale or option agreements.
315. Deputy Aidan Farrelly asked the Minister for Housing, Local Government and Heritage if he will clarify whether planning applicants for strategic-scale developments such as large data centres must disclose existing put and call options, or agreements for sale, under which the applicant company or the land will pass to another party once permission is granted; and whether he will consider making such disclosure mandatory. [75215/26]
Comment on this
As part of any planning application, the applicant is required to indicate that they have sufficient legal interest in the proposed site which is the subject of the application. This applies to all planning applications. In the event of a grant of permission, the permission relates to the development or land use approved and is not tied to the applicant. Any party who wishes to carry out the development approved by the grant of permission must comply with the terms of the permission itself, including any conditions imposed by the planning authority.
Under Section 34 of the Planning and Development Act 2000, a planning authority may, when assessing a development proposal, decide to grant permission with or without conditions, or to refuse permission.
The consideration of appropriate conditions that should be attached to a grant of permission relate, in general, to ameliorating or limiting the effects of the proposed development on the surrounding environment, its location and in the interests of the proper planning and sustainable development of the area. Practically, in considering, whether to attach a planning condition the Planning Authority needs to consider whether such a condition is necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable. The Development Management Guidelines (2007) provide further details in this regard.
I have no plans at this time to introduce any legislative changes in relation to these matters.