Data centre High Court challenge an “affront to democracy”

Padraig Conlon 16 Aug 2022

A High Court challenge has been made against South Dublin County Council’s decision to ban any further data centres being built in the area during the lifetime of its 2022 to 2028 development plan.

The judicial review has been brought by Echelon DC Holdings Limited, a company which develops and owns data centres.

In a motion proposed by People Before Profit Cllr Madeleine Johansson, the council voted in June to ban data centres and designate that they be not permitted under any zoning on the grounds that there is no capacity for further data centres in the South Dublin area.

Echelon DC Holdings claim the ban is unlawful and should be set aside as it contravenes national and regional policy on data centres and breaches several constitutional rights.

It is estimated that 14% of Ireland’s electricity usage is currently consumed by data centres and is expected to increase to 25-30% by 2030.

The Commission for the Regulation of Utilities and Eirgrid have said that energy demand must be reduced for fear of blackouts this winter.

The Minister of State for Local Government Peter Burke has already issued a draft direction to remove the ban from the plan.

There is currently a public consultation open for submissions until August 23 at South Dublin County Council’s online portal.

Commenting on the legal proceedings, Councillor Madeleine Johansson said corporations are behaving like ‘spoilt children’.

“The court case is an affront to the democratic mandate of local governments and to the environmental movement across the island,” she said.

“It is vital that we stand up against corporate interests when they are putting profit before people and planet.

“This combined with the recent amber warnings on our electricity grid shows that there is already a real issue keeping up with demand.

“These corporations are behaving like spoilt children throwing their toys out the pram because local councillors have made a decision to safeguard their local community.”

People Before Profit TD Gino Kenny said he is encouraging people who support the ban on data centres to make a submission to the public consultation.

“The Irish Academy of Engineering has estimated that data centre expansion will require almost €9 billion in new energy infrastructure and add at least 13% to Ireland’s carbon emissions by 2030,” he said.

“This is unsustainable.

“Ireland needs substantial investment in renewables and the national grid to allow for the just transition to our 2030 and 2050 reduction targets.

“It will be impossible to do this with the unprecedented excess demand of these data centres.

“We must challenge corporate greed and put people and the planet before profit.

“I would encourage any member of the public who agrees with the ban on data centres to make a submission to the public consultation which is now open.”

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