A High Court challenge has been brought against South Dublin County Council’s decision to place a ban on any further data centers being built in its functional area during the lifetime of its 2022 to 2028 development plan.
The judicial review action has been brought by Echelon DC Holdings Limited, which develops and owns data centers.
The challenge arises following a vote by the council’s elected members last June to amend its current development plan to include a prohibition on any further data centers being built within its functional area.
In a motion tabled by the council’s People Before Profit members the council voted to ban data centers and designate as not being permitted under any zoning on the grounds that there is no capacity for further data centers in the South Dublin area.
Represented by Neil Steen SC Echelon claims the ban is unlawful and should be set aside.
The ban contravenes national and regional policy on data centers, was unreasonable, irrational, and breached various constitutional rights, it is claimed.
Counsel told the court that the amendment to the plan was opposed by the Council’s chief executive, who had recommended that it remained unchanged from the previous development plan, namely that the plan should consider data centers as being “open for consideration”.
The Office of the Planning Regulator also said that it believed the ban should not be contained in the development plan as it was inconsistent with Regional Policy Objectives and Spatial and Economic Strategies for the Midlands and East Regions.
The Court also heard that the Minister for Local Government and Planning had late last month indicated to the Council that a decision indicating that the ban on data centers contained in the plan may not be allowed to stand.
National and regional policies
This was due to the ban being inconsistent with various national and regional policies and objectives that promotes Ireland as a sustainable destination for data centers, and lacks an appropriate evidential basis.
The Minister has invited parties to make submissions before any final decision is made.
Echelon, which develops, owns and operates data centers from various locations, claims that if the ban is allowed to stand, it will prejudice businesses it operates in the South Co Dublin area.
It owns lands in Clondalkin and Newcastle, Co Dublin which are within the council’s functional area which are the subject of planning permissions for data center development.
It also has plans to expand the data centers at these locations in due course.
Echelon is seeking an order quashing the council’s decision of June 22 last to designate data centers as being “not permitted” under zoning objectives in its development plan.
It also seeks an order directing the council to class data centers as being “open for consideration” under the various zoning objectives contained in the development plan.
They are also seeking an order quashing certain amendments made to the development plan, which Echelon says should be removed.
The matter was mentioned before Ms Justice Carmel Stewart, during Friday’s vacation sitting of the High Court, who noted that the Minister may ultimately make a decision that could render the action moot.
In the circumstances, the judge decided to adjourn the action to a date in November.