The data centre, the bat, and the High Court decision

The judicial review legal dispute, however, centres on broader objections by environmentalists to plans for the 200MW data centre campus, costing in the region of €1.2billion, but the case took an unusual turn last week when the protection of bats became a key issue.

Mr Justice Richard Humphrey addressed environmentalists' claims that an inspector with An Bord Pleanála made an major error in not protecting a bat roost containing a single Leisler’s Bat — one of the most common bats in Ireland — which was resident in a barn shed on the data centre site.

An Bord Pleanála previously conceded that it "erred in law" in failing to consider adequately the environmental effects of the proposed data centre on bat fauna. However, the High Court ruled that An Bord Pleanála's error concerning the bat was not sufficient to halt the mammoth €1.2 billion campus.

A licence should have been sought under the EU Habitats Directive in the planning stage in order to safely move the roost, or find an alternative resolution with the help of the National Parks and Wildlife Service (NPWS) – but it wasn’t.

Justice Humphrey said: 

The bat in Building 6C could be an episode title in a Scandi Noir series.

He ultimately described the An Bord Pleanála error as ‘harmless’. Plans have since been put in place to protect the bat. He said: “A decision should not be quashed for error if the error was harmless and did not materially affect the result.

“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.

“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.” 

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

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

However, the solicitor representing the group of seven environmentalists appealing An Bord Pleanála's decision, said the case is much more complicated than protecting a single bat.

“This case is not about bats,” said Eoin Brady of FP Logue Solicitors. “There are six grounds to this judicial review, the majority are to do with climate impacts of this development. 

"That includes an increase in emissions which this data centre would drive up and how that would be compatible with the climate action plan. Only one ground in the review is about bats. An Bord Pleanála missed the identification of a bat roost when they were reviewing this case."

All Irish species listed in the EU's Habitats Directive, including bats, are protected by the EC (Birds and Natural Habitats) Regulations 2011-2021. A derogation licence allows activities which could impact the conservation of these species but is only issued in very limited circumstances.

“The An Bord Pleanála inspector missed the significance of this licence. Why do we have these laws in the EU if we don’t follow them? Nonetheless many think it’s a whole case about a bat roost – it’s not. There are other grounds of the review, and we will be back before the courts."

The data centre campus project has been in the pipeline since 2019 and would span 145 acres, with six data halls. The campus would be adjacent to the Tulla Road on the eastern outskirts of Ennis, and offer 200MW of power.

The project was approved by An Bord Pleanála in April 2024 but is being challenged through the courts. The judicial review currently underway follows an application by Colin Doyle, Friends of the Irish Environment, Futureproof Clare, Martin Knox, and Christine Sharpe, represented by Eoin Brady, solicitor.

Mr Brady, who took over the case on May 30, 2024, explained there were a number of derelict buildings on the site that were being removed.

“Several surveys were done over years. In one, it was discovered in a building called Shed A there was a bat roost. It didn’t contain many bats, maybe as little as one."

The mere mention of the bat roost in the High Court case grabbed headlines even though the case will now ultimately be decided on other matters.

However, Dr Emma Teeling, from the School of Biology and Environmental Science at UCD, wasn't surprised that a single bat could become a sticking point for such a large-scale development. 

She has been studying bats for 30 years and says the importance of the nocturnal creatures, particular in the study of medicine and disease, cannot be overstated.

She said:

Bats have found ways to slow down ageing. They don’t get cancer and can live with certain viruses that would kill us. They can give us insights into what we need to modulate the ageing process, because of their unique immune system.

“They can suppress inflammation, which is one of the main reasons for ageing, and they hold the key to disease resistance, immunity, and longevity. They are mammals with the same genes as us, yet they have evolved and found ways to tweak their ageing process. They have superpowers.”

Dr Teeling described bats as “the most unique of all mammals” because they can fly in complete darkness using sound alone.

“They also help balance the eco-system. I can’t stress enough how important they are, and they are declining in numbers, and we need to look after them.” 

Dr Niamh Roche from Bat Conservation Ireland said the reason many wildlife cases are ending up as points of law in the courts is because planners are failing to implement proper protections.

“There is an awful lot that can be done to make development projects more wildlife friendly,” she said. “Roosts can be moved in certain circumstances, but in terms of planning, a lot is missed."

Dr Roche said she would like to see planners taking more responsibility for asking questions about how large-scale buildings will be lit up at night.

“Nocturnal animals are at their busiest at night, but if we have daytime lights, it can be hugely disruptive for those species, who are already under pressure. Proper planning can avoid many issues."

There are nine species of bats in Ireland, the most common are the pipistrelle and soprano pipistrelle. There could be 50,000 to 100,000 of them in the country.

Bats are also one of the most protected species in the country – particularly in the southwest where a very rare species lives.

“The Horseshoe bat is rare,” said Dr Roche. “They can be found in Cork, Kerry, Clare, Galway and Mayo, with special areas of conservation designated for them. We have around 13,000 to 14,000 Horseshoe bats now but they were once nearly extinct."

“There is a huge fascination with bats, we are inundated with questions from the public every week about how we can help them – we just don’t have the capacity to respond to everyone, but we have plenty of information to help them.”

Irish bats are typically small and brown, they have a wing span of 30cm but could weigh around 12grams.

“We are just finished the first phase we are working on for gardeningforbats.com we have done some nice videos in response to questions we get,” said Dr Roche.

“There is always something you can do to help bats. Water is helpful like a pond, choosing native plants too, the hawthorn is a great support to our native nocturnal pollinators. If you mow your lawn a little bit less, it will allow for more insects who can hatch there.”