Data Centres and the Planning Process

Transcription

1 Data Centres and the Planning Process 21 st November 2018 Conall Boland Deputy Chairperson

2 Agenda About An Bord Pleanála Planning Process Data Centres recent experience of An Bord Pleanála Key Issues for Data Centre development

3 About An Bord Pleanála Functions Fair, impartial, transparent tribunal for planning appeals and direct applications 1977 Planning Appeal 1978 Water Pollution appeals 1991 Building Control Act appeals 2000 Planning and Development Act Strategic Infrastructure Development 2013 Projects of Common Interest 2016 Strategic Housing Development Vacant Sites Compulsory Purchase Orders Key Criterion: development should accord with the proper planning and sustainable development of the area

4 About An Bord Pleanála The Board Chairperson and 10 Board members All cases decided by the Board Cases typically decided in divisions with quorum of 3 Designated Strategic Infrastructure (5 members) and Housing Divisions (4 members) All available members for certain cases

5 Planning Process National Planning Framework (NPF)

6 Planning Process Permissions in the Irish System

7 Planning Process Normal Planning Applications Pre-application with Planning Authority (PA) Optional Application to Planning Authority Target 8 weeks but can be subject to further information Possibility of appeal to An Bord Pleanála (1 st party or 3 rd party) Target 18 weeks but can be subject of oral hearing or further information

8 Planning Process Strategic Infrastructure Development Development Types (Seventh Schedule of Planning & Development Act, 2000)» Transport» Energy (generation, transmission)» Water, Wastewater, Waste Management» Hospitals» Qualifying criteria must be met (s 37A(2) of Act) to be deemed Strategic Infrastructure Development (SID)» Direct Application to An Bord Pleanála

9 Planning Process Grid Connection for Data Centre» Development connecting data centres to the National Electricity Grid (transmission system) has in some cases come under the definition of Strategic Infrastructure Development» It was necessary to have two planning applications in parallel.

10 Planning Process Environmental Framework - Two Processes» EU Environmental Impact Assessment Directive» EU Habitats Directive» EU Birds Directive Appropriate Assessment Environmental Impact Assessment

11 Planning Process Judicial Review of Decisions» Potential for Judicial Review of An Bord Pleanála decisions.» Initially to High Court.» Some cases can be accelerated to the commercial list of the High Court.» Further appeal to higher courts is possible, but not automatic.

12 Data Centres Experience of An Bord Pleanála

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14 Data Centres Main Cases (Appeals) Decided by An Bord Pleanála

15 Data Centres Cases including a SID Application for Electricity Connection Apple Runways (Facebook) Electricity Pre-App stage 38 Electricity App stage 25 Electricity Pre-App 11 Electricity Application 18 Data Centre 46 Data Centre 9 Number of weeks cases with An Bord Pleanála. In both cases, the decision for the Electricity Application (SID) and Data Centre appeal was made at the same time.

16 Data Centres Strategic Infrastructure Changes to legislation in 2018» The Government has added a new category to the Seventh Schedule of the Planning and Development Act 2000, Communications and Data Infrastructure.» When commenced, Data Centres of Gross Floor Area > 10,000 m 2 (and associated electricity connections) will be considered SID.» Direct application to An Bord Pleanála:» Pre-application discussions are mandatory» Decision target of 26 weeks.

17 Key Issues for Data Centres Energy and Climate Change Planning/ Land Use

18 Key Issues - Climate Ireland s Climate Change Challenge» Binding reduction in Greenhouse Gas emissions (20% reduction compared to 2005 levels, by 2020)» EU Renewable Energy Directive: Share of Energy from Renewables (RES) target of 16% overall by 2020» EU Energy Efficiency Directive: Ireland s Target: 20% reduction through efficiency measures

19 Key Issues - Climate Are We Winning? 2020 Target 2020 Projection (SEAI, 2018) GHG (non ETS) emissions reduction 20% compared to 2005 Overall 16 % Renewable Energy Share Energy Efficiency Goal (20% reduction due to efficiency) 0 1 % reduction % share RES-E Electricity 40% % RES-H Heating 12 % % RES-T Transport 10% % 16% reduction

20 Key Issues Future Targets Energy and Climate - Outlook» Significant progress, but difficult to de-couple economic growth from energy demand and GHG emissions.» Climate Change: National Mitigation Plan published July 2017» Increased targets for 2030 will apply under UN Paris Agreement» Provisional target of 30% reduction in GHG emissions by 2030» National ambition to transition to a Competitive, low-carbon climate resilient and environmentally sustainable economy by 2050

21 Key Issues for Data Centres Energy and Climate - Implications» Potential for significant increase in energy demand on the national grid.» Electricity generation is part of EU Emissions Trading Sector no direct impact for the EU (non ETS) GHG reduction targets cited above.» Indirect impacts: as Total Energy Demand grows, the amount of renewable energy must grow even further to meet the binding RES targets.

22 Key Issues for Data Centres Points of Debate Energy (typical Data Centre case) Applicant Ireland s cool climate: less energyintensive cooling Observers Not enough being done to capture the waste heat in accordance with the Energy Efficiency Directive, for example in district heating. Efficiency gains of cloud computing versus local servers. A dispersed, small -scale server model would be more efficient and is technically feasible. Contracting to buy solely renewable electricity will stimulate investment in renewables. No guarantee that this electricity will be generated in Ireland. Delivery of sufficient wind/ solar power is in itself problematic. A stable, 24-hour demand will be beneficial to reduce electricity grid costs and will benefit all consumers. The cost of improving grid and of supplying more renewable energy will be borne by other users and the Public Sector Obligation (PSO) levy will rise.

23 Key Issues for Data Centres Planning Matters (typical issues depending on location)» Site selection/ suitability.» Alternatives: scale of facility, scope of the environmental impact assessment.» Local conditions: ecology, visual impact, residential amenities and other site-specific concerns.

24 Key Issues for Data Centres Land Use Considerations» Technical matters such as availability of grid connection and data highways.» In general (for any type of facility), developing on zoned, serviced land normally reduces planning uncertainty.» However, the low employment density of Data Centres has also been highlighted: whether strategic employment land should be reserved for higher intensity employment?

25 Key Issues for Data Centres Challenge for Regulatory Framework» Keeping ahead of the pace of development» Global Competition, rapid deployment, rapidly changing technology,» versus» Development Plan cycles, environmental impact assessment, public consultation and participation, decision making processes.

26 Key Issues for Data Centres Strategic Considerations» Alignment with planning policy» This can encompass not just what you want to build but also where you want to build it.» Does the local policy framework align with the proposed development?» Is the Strategic Development Zone (SDZ) approach applicable?» Quality of the planning application (including not just design and technical matters, but also environmental assessments).» Public engagement and level of support/opposition.

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