Google claims legal error in refusal of data centre application

Lawyers for Google Ireland Ltd (GIL) have claimed South Dublin County Council (SDCC) erred in fact and law in refusing planning permission for the firm’s proposed new data centre for Grange Castle Business Park in south Dublin.
A four-page letter from Google Ireland’s legal representatives, AL Goodbody, forms part of a comprehensive appeal to An Bord Pleanála against the council’s refusal issued last month.
In its decision, the council cited what it called “the existing insufficient capacity in the electricity network (grid) and the lack of significant on site renewable energy to power the data centre” as reasons for refusal.
However, AL Goodbody has pointed out that GIL had already secured a grid connection for the data centre extension from EirGrid in 2021 and said the council was not the appropriate body to determine whether or not there is sufficient capacity on the network to accommodate the data centre. It “has made a clear error on the facts and circumstances related to the proposed development”, it said.
AL Goodbody stated that “EirGrid had already contracted with GIL to provide it with import capacity for the proposed development and therefore has already factored this demand into its capacity/demand forecasts”.
GIL is planning that the application is to be the third phase of the Google Ireland data centre campus at Grange Castle Business Park and involves the creation of 800 construction jobs and 50 jobs when operational.
In the main 42 page appeal document drawn up by planning consultants ARUP, they state that despite recognition in the South Dublin County Development Plan 2022 – 2028 of the need for data centres, the council has refused planning to every new data centre application submitted since the plan’s commencement.
ARUP states that the council error over its claim that there is insufficient grid capacity to allow the development “goes to the central pillar of SDCC’s decision”.
It argued that it did not appear that any consultation was undertaken with EirGrid by the council before the refusal was issued. According to ARUP, “this suggests that SDCC reached its decision without access to comprehensive and authoritative information regarding the electricity network’s capacity”.
The appeal states that “this approach raises clear concerns about the accuracy and validity of its conclusions and how well informed its decision was”.
South Dublin County Council has been approached for comment.
The Google appeal states that the data centre “is needed to meet the growing demand for computing power, arising from increased internet use and adoption of Artificial Intelligence”.
The appeal says that it is correct to acknowledge that data centres do consume a large amount of energy. It adds however that “it should also not be overlooked that they contributed to carbon de-intensification in other ways.”
These include the widespread use of video-conferencing and facilitating remote working capabilities which help to reduce emissions from business travel.