A company behind a planned €500 million data centre in Co Meath carried out unauthorised works when it undertook certain archaeological excavations at the site, the High Court has ruled.
EngineNode Ltd has been granted permission by An Bord Pleanála for a 24.5-hectare data centre at Bracetown and Gunnocks, north of Clonee, which is next to the home and stables of Mannix Coyne and his family.
Mr Justice Anthony Barr ruled that, before the board gave permission for the project in July 2021, the company had “effectively carried out unauthorised development” by undertaking a second phase of excavation works between August to October 2020.
The court heard EngineNode has an option to buy the land from the existing owners, the Ward family, who farm the land and who also gave permission for the planning application to be lodged by the developer.
Mr Coyne and his family want the court to quash the planning permission.
Their counsel, Peter Bland SC, instructed by solicitor Gabriel Toolan, told the court the EngineNode plan includes the construction of four “colossal” two-storey data storage buildings of some 100,000 sq m.
The Coynes claimed that, even though their legal challenge to that permission has yet to be dealt with, unauthorised works were carried out on the land under the guise of archaeological tests and normal agricultural clearance.
They sought an order preventing any further works pending the hearing of their challenge and a declaration that the works carried out so far are unauthorised and that the land should be restored.
EngineNode strongly denied the claims and argued the Coynes’ application was an abuse of process.
It said the archaeological testing works were carried out in compliance with all regulations and under licence from the National Monuments Service (NMS). It also said all the works have been completed and reinstatement works have been carried out.
Second phase of works
In his judgment Mr Justice Barr said he was satisfied that in carrying out works in May or June 2020, EngineNode was doing no more than investigating what archaeological remains there may be beneath the surface of the lands.
However, in proceeding to carry out a second phase of works in August 2020, under a second archaeological licence issued by the NMS, EngineNode was effectively carrying out an unauthorised development while the matter was still before An Bord Pleanála, he said.
It is well settled that the mere fact that a party has a permission under one statutory code to do a particular act, does not entitle the party to ignore the provisions of another statutory code that may be applicable in the circumstances, he said.
The fact that EnginNode held licences to carry out archeological work cannot be seen as a defence to any assertion that it carried out unauthorised development at the site, he said.
The judge was, however, satisfied that the carrying out of other works at the site – the sinking of boreholes and the taking soil samples – was exempted development.
The Coynes were also not entitled to injunctive relief in relation to the cutting of hedges and clearing of ditches which was done by the adjoining landowners (the Wards) and prior to excavation works.
He adjourned the making of final orders to give the parties an opportunity to make submissions.