The applicants must show the judgement raises a point of exceptional importance that needs to be determined in the public interest
The Commercial Court has begun hearing an application to appeal its decision to uphold planning permission for a data centre in Athenry, Co Galway.
The appeal against Apple’s plans for the €850m facility is being sought by two local residents.
The objectors to Apple’s planned data centre on a Coillte owned site claim An Bord Pleanála failed to carry out the necessary Environmental Impact Assessment.
The Commercial Court dismissed their challenge earlier this month, and is now hearing their application for permission to appeal.
To be granted it, they must show the judgement raises a point of exceptional importance that needs to be determined in the public interest.
They have posed five specific questions which they feel need to be addressed by the Court of Appeal.
But counsel for An Bord Pleanála claims there’s no uncertainty, just an unwillingness of the applications to accept the decision.
Nuala Butler went on to say this wasn’t an opportunity for them to simply rehash a case that’s already been run and lost.
The two-day hearing will resume tomorrow morning.