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File image of a Leisler's bat (or the Irish bat). Alamy Stock Photo

High Court rules that error over single bat should not stop €1.2bn data centre campus for Ennis

Mr Justice Humphreys has stated that the case dismissal ‘is a modest piece of recent legal history’.

THE HIGH COURT has ruled that a report error concerning a bat located in a barn outside Ennis is not sufficient to halt contentious plans for a new 200MW €1.2bn data centre campus.

This follows Mr Justice Richard Humphreys dismissing objectors’ claims that an An Bord Pleanala inspector’s error concerning a bat roost containing a single Leisler’s Bat, who was a resident in March 2022, in a crack in the external wall of a barn shed in farmland near Ennis, Co. Clare should stop the development of the Ennis data centre campus.

In the first line of his 28 page judgement, Mr Justice Humphreys commented: “The Bat in Building 6C could be an episode title in a Scandi Noir series. But it describes our subject here.”

Dismissing the objectors’ grounds over the Leisler Bat, Mr Justice Humphreys described the inspector’s error about the bat on page 74 of the inspector’s report as ‘harmless’.

He said: “A decision should not be quashed for error (including in application of EU law) if the error was harmless and did not materially affect the result.”

An Bord Pleanala granted planning permission for the scheme in April 2024 comprising six data halls covering 145 acres or 1.3m sq ft on lands adjacent to the Tulla Road on the eastern outskirts of Ennis near Junction 13 on the M18 motorway connecting Galway to Limerick.

However, opponents of the data centre, Colin Doyle, Friends of the Irish Environment CLG, Futureproof Clare, Martin Knox and Christine Sharp sought a High Court judicial review of the appeals board permission.

In October, An Bord Pleanala conceded the objectors’ claim for quashing the board’s data centre planning permission where they admitted that the Board erred in law in failing to consider adequately the environmental effects of the proposed development on bat fauna.

However, applicants for the centre, Art Data Centres Ltd contested the appeals board’s High Court judicial review concession to the objectors.

Now in his ruling after a one day hearing in the High Court, Mr Justice Humphreys has stated that the case dismissal “is a modest piece of recent legal history in that no previous developer in the State has succeeded in demonstrating as misconceived an objection that the appeals board was prepared to concede”.

He said: “For a certain type of observer, the fate of a single roost containing a single bat will be viewed as a trivial basis for a debate about the validity of the planning permission. That is perhaps understandable at a superficial level but is a misconception.”

He remarks: “Obviously the issue isn’t trivial if you are the bat. Nor is the protection of species and habitats generally a trivial matter. Nor is compliance with EU law.

He said: “The fact that all parties in the present proceedings, and particularly the developer’s professional and ecological advisers, have concerned themselves so assiduously with the outcome for our bat and its roost shows that, despite everything, as far as the state of civilization in this country is concerned, all is not yet completely lost.”

Mr Justice Humphreys stated the company’s oral submissions utterly demolishes the objectors’ case in just six words: “the potentiality necessarily includes the actuality”.

CEO of Art Data Centres Ltd, Tom McNamara said on Sunday: “ I welcome the court’s decision, it is fundamentally founded in common sense and reason.”

The project will create between 400- 450 permanent jobs when the data centre campus is fully operational with up to 1,200 jobs in construction.

Mr Justice Humphreys has listed the case for next Monday, March 31st to deal with matters arising from his judgement.

In his ruling, Mr Justice Humphreys commented whether, and to what extent, those opposed to the data centre “can make headway on the derogation licence issue or any other issue is for another day and for other parties to join in considering”.

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    Mute linda o keeffe
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    Feb 19th 2025, 9:17 PM

    Well done lads. People homeless and good educated kids leaving the Country in the thousands and all they worry about is a prayer. Well Trump will have the last laugh on these politicians and I hope he recinds the invite for Paddys Day to them

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    Mute Daniel Roche
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    Feb 19th 2025, 9:48 PM

    @linda o keeffe: The opposition,that’s why they lost the election.

    46
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    Mute David Alun Burton
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    Feb 19th 2025, 10:14 PM

    @Gerard Mahady: top comment 100% the invasion and erosion of our culture and land by Islam enabled by our liberal left government and opposition and sure we the people are all far right better watch what we say especially after the Garda bugging of journalists in our so called democracy freedom of speech will be a distant memory

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    Mute Brian Hunt
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    Feb 19th 2025, 11:45 PM

    @Gerard Mahady: They’d introduce it, if they could!

    26
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    Mute Joe Willis
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    Feb 20th 2025, 4:54 PM

    @I’m a robot Robot: we have established right wing parties only very recently. They are very inexperienced and it will take a few years for people to trust them handling our problems. It will inevitably happen where we will get an actual right wing party. Next election will definitely see a growth in right wing parties popularity. 8 years time there will be a right wing party in charge no doubt. Just look across Europe. Reform UK were established recently, and didn’t get voted in because people didn’t trust them handling the money because of their inexperience. Now Nigel Farge is favourite to be the next prime minister of the UK. (Check Paddy Power). Right wing parties are winning in Sweden, Austria, Denmark, US, Canada, Australia, NZ, Germany, Italy, Poland etc. It’s inevitable thankfully

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    Mute Joe Willis
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    Feb 20th 2025, 4:55 PM

    @Joe Willis: reply meant for David

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    Mute Dman
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    Feb 19th 2025, 9:01 PM

    Nope!!!!

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    Mute Darius Guppy
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    Feb 19th 2025, 9:19 PM

    @Dman: why not?

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    Mute Daniel Roche
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    Feb 19th 2025, 9:47 PM

    @Darius Guppy: Why change it? The country didn’t vote for the opposition.

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    Mute Con Cussed
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    Feb 20th 2025, 6:35 AM

    @Daniel Roche: Ridiculous comment and how did the opposition get elected, osmosis?

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    Mute Jimmy Donovan
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    Feb 19th 2025, 9:20 PM

    It would be much better if the state took the church to court for the hundreds of millions, still owed, to the people of Ireland for what happened to our citizens.

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    Mute Gerry Campbell
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    Feb 19th 2025, 9:22 PM

    @Jimmy Donovan: That will get silence guaranteed Mr Donovan ,many moments me thinks.

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    Mute Antony Stack
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    Feb 20th 2025, 2:47 AM

    @Jimmy Donovan:
    Hundreds of Millions from where? What do you thinks the market values of cathedrals, monasteries and churches are? Mostly negative equity considering the maintenance costs.
    We are facing dangerous times and this . Please don’t waste our time with nonsense. The best can can be managed are compensation schemes, which mean the we the taxpayers pay, for state negligence 50 + years ago. BTW these compensation /redress schemes should be out, they are totally abused with false and exaggerated claims

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    Mute Gerry Campbell
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    Feb 20th 2025, 6:37 AM

    @Antony Stack: The Vatican Bank ,I believe they are quite liquid ,maybe there ,what you think before we start selling Cathedrals?

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    Mute FoxyBoiiYT
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    Feb 19th 2025, 9:28 PM

    Excellent. No place for religion in politics

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    Mute Daniel Roche
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    Feb 19th 2025, 9:50 PM

    @FoxyBoiiYT: The opposition lost the election.

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    Mute Mick Hanna
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    Feb 19th 2025, 10:02 PM

    @FoxyBoiiYT: NO Place for any religion in these times. It’s easy to start a Cult!

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    Mute Con Cussed
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    Feb 20th 2025, 6:37 AM

    @Daniel Roche: You must be a detective?

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    Mute Tom
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    Feb 19th 2025, 9:39 PM

    A prayer gets first headline over TD’s declaring any additional income & liabilities !!
    .
    Let us pray.

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    Mute Mick Hanna
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    Feb 19th 2025, 10:14 PM

    @Tom: Praying? While Homeless people haven’t a prayer of getting a roof over their head’s! Beautiful Hypocrisy Isn’t!???

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    Mute Thomas Sheridan
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    Feb 19th 2025, 9:40 PM

    Half their time is spent governing themselves, and the other half is spent solving the problems of other countries.
    What a shower of wasters.

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    Mute Ethan Gannon
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    Feb 19th 2025, 9:46 PM

    Good to see they’re focusing on the important things ffs.

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    Mute Oh Mammy
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    Feb 19th 2025, 8:57 PM

    At last. They are really getting something done up there…….

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    Mute Dermot Blaine
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    Feb 19th 2025, 9:36 PM

    @Oh Mammy: yes, they have loads to do and prayer is a waste of time. They don’t need a moment of reflection either, it’s codswallop.

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    Mute Tommy
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    Feb 19th 2025, 9:37 PM

    None of the above ideas will ever come to fruition. All I can see is the moment of reflection being brought in. As your asking a Minister to be held accountable, your making me laugh writing this. As it’s the Civil Servants who are wasting money like the OPW – Office of Professional Wasters

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    Mute Vincent Alexander
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    Feb 19th 2025, 10:59 PM

    If that part of our culture and heritage can go so can the Irish language.

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    Mute Mick Hanna
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    Feb 19th 2025, 11:17 PM

    @Vincent Alexander: Religion is forced on people…NO getting away with that. Look at the Apologies the RCC had to say about Native Canadian People. And THAT is not that far back in History.

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    Mute Vincent Alexander
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    Feb 20th 2025, 8:14 AM

    @Mick Hanna: So is the Irish language being forced on people currently.

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    Mute Rui Firmino
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    Feb 19th 2025, 10:05 PM

    Honestly can’t believe they pray in the Dáil. Such anachronistic nonsense

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    Mute Chop Chop
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    Feb 20th 2025, 12:43 AM

    Tackling the big issues

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    Mute Nigel Hayden
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    Feb 20th 2025, 7:47 AM

    Since they came back, they’ve elected a not so new taoiseach, had a week off, then decided to have a big hullabaloo over the. Irish language and proposed a moment of reflection to t replace a prayer. Have they done anything worthwhile since the Dail recovered?

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    Mute Antony Stack
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    Feb 20th 2025, 2:55 AM

    SInn Fein in progressive vestments again. it used to be said the the quality of a government was due to the quality of the opposition. The Middle East and Ukraine are existential threats to everybody including us and this is SF’s big issue. A party which has dome it’s best to overthrow the state for 100 years so that they can start a Hamas inspired war with UK. WIle failing to notice the mayhem in the streets casued by their own failure to defend Ireland

    17
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    Mute Phillip Smyth
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    Feb 19th 2025, 9:46 PM

    Praise the Lord.

    14
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    Mute Pol O Nuanain
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    Feb 20th 2025, 10:02 AM

    This is still a Christian Country..Found by..fought for by christians so hzve some respect and Say your prayers Before Dail sittings…

    15
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    Mute Thomas Brophy
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    Feb 19th 2025, 11:48 PM

    A BUNCH OF PAGANS THEY CANT PRAY OR GOVERN

    20
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    Mute Thesaltyurchin
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    Feb 20th 2025, 12:19 PM

    @Thomas Brophy: Really not fair on Pagans

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    Mute Tim Brennan
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    Feb 19th 2025, 11:49 PM

    It easy understand why people reelected the last government because the state of this opposition is unbelievable. They continue with stupid irrelevant clap trap about the most stupid rules and regulations.

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    Mute Paul Gorry
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    Feb 20th 2025, 3:00 AM

    @Tim Brennan: Tim, not nice, but dim the gift that keeps on giving. Stay off the sauce, Brennan.

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    Mute John Mulligan
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    Feb 20th 2025, 7:57 AM

    About time.

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    Mute Ailbhe MacThomais
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    Feb 20th 2025, 12:45 PM

    Form a committee to discuss the remit of the committee and which snouts are in the trough. Do anything and everything to suit the new waves of the death cult fawning hamas loving brigade.

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