COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF DEVELOPMENT PLAN MEETING

Wednesday, June 22, 2022

MOTION NO. 16

MOTION: Councillor M. Johansson

That Amendments 13.1, 13.2 and 13.3 be retained in the Plan, for the following reasons: 1. To fulfil Ireland's Climate Change Targets under EU law Ireland is committed to EU targets of 30% reduction in carbon emissions by 2030. In addition, the Climate Action Plan 2021 was published on 4 November 2021 and provides a detailed plan for taking decisive action to achieve a 51% reduction in overall greenhouse gas emissions by 2030 and setting us on a path to reach net-zero emissions by no later than 2050. Two of the key findings of the most recent Environmental Protection Agency projections report published in June 2022 (https://www.epa.ie/publications/monitoring--assessment/climate-change/air-emissions/EPA-Ireland's-GHG-Projections-Report-2021-2040v1.pdf) are: Urgent implementation of all climate plans and policies, plus further new measures, are needed for Ireland to meet the 51 per cent emissions reduction target and put Ireland on track for climate neutrality by 2050. (emphasis added) Under the Additional Measures scenario, renewable energy is projected to increase to 78 per cent of electricity generation by 2030 with emissions from the Energy Industry decreasing by 10 per cent per annum from 2021-30. Increased coal use from 2021 and growing energy demand, including from data centres, threaten to negatively impact achievement of National targets, particularly for the first carbon budget period. (emphasis added) While it is noted that it is not current government policy to ban, or place a moratorium, on data centres, according to Dr Patrick Bresnihan of NUIM such a measure would contribute to Ireland reaching carbon emissions target. (https://www.irishtimes.com/news/politics/data-centres-could-use-70-of-ireland-s-electricity-by-2030-committee-to-hear-1.4685589 ) In addition, the EPA recognise in its report that data centres have contributed to the growing energy demand. A moratorium on new data centres in South Dublin County for the duration of the Development Plan 2022- 2028 would positively contribute to the reduction in energy use required to meet national targets. Professor Barry McMullin of DCU says a growing data centre sector will only complicate efforts to rapidly decarbonise our energy system. He questions whether new centres should be allowed at a time when total electricity demand is already surging. 'I'm personally very sceptical that any further expansion of data centre deployment in Ireland can be justified in that context,' He says: 'At the very least, I would argue that there should be a temporary moratorium unless and until consistency with the carbon budget programme can be clearly and reliably demonstrated.' (https://www.thejournal.ie/data-centres-2-5693974-Feb2022 There are now around 70, all having storage facilities here) A report from the Irish Academy of Engineering in 2019 argued that even if 30% of the electricity comes from highly efficient gas-fired stations 'data centre development is projected to add at least 1.5 MtCO to Ireland's carbon emissions by 2030'. That's a 15% increase on current electricity related emissions (Irish Academy of Engineering (2019) Electricity Sector Investment for Data Centres in Ireland. July 2019) Taking all the above into account, the amendments 13.1, 13.2 and 13.3 are consistent with National Policy Objective 54 Reduce our carbon footprint by integrating climate action into the planning system in support of national targets for climate policy mitigation and adaptation objectives, as well as targets for greenhouse gas emissions reductions. 2. Alleviate the pressure on water services and electricity in South Dublin In Chapter 10.2 Sustainable Management of Water of the EMRA Regional Spatial and Economic Strategy it states that Water supply for the wider Dublin area is at critical levels of demand and to facilitate further growth in line with NPF population growth projections, prioritisation of water supply investment should occur. In addition, Objective RPO 10.1 states that Local authorities shall include proposals in development plans to ensure the efficient and sustainable use and development of water resources and water services infrastructure in order to manage and conserve water resources in a manner that supports a healthy society, economic development requirements and a cleaner environment. (emphasis added) Data centres use an estimated 500 000 litres of water per day and are currently putting additional pressure on water infrastructure in the Dublin region. (https://www.irishtimes.com/news/politics/data-centres-could-use-70-of-ireland-s-electricity-by-2030-committee-to-hear-1.4685589 ). In June 2020 a Water Conservation Order was issued by Irish Water for several regions including the Greater Dublin Region. With the increasing risk of severe weather events due to climate change it is in the interest of proper planning to consider the impact of further data centres on water infrastructure in the region. The amendments comply with Regional Planning Objective 10.1 to 'manage and conserve water resources'. Since the beginning of 2020, Semo, the Single Electricity Market Operator, has issued 11 system alerts for Ireland to warn of capacity shortages on the electricity grid, compared with just 13 alerts over the previous ten years. ( Two amber alerts issued by system operator since Saturday | Business Post ) In 2021, it issued at least seven amber alerts, warning of a potential shortfall in power. Six of these alerts were due to a 'reduced margin' between the level of electricity generation and demand. Two amber alerts were issued in early April this year alone. According to Eirgrid; Over the last 4 years we have seen annual increases in demand usage of around 600 GWh from data centres alone - equivalent to the addition of 140,000 households to the power system each year. 3. The proliferation of Data Centres in South Dublin As per the Chief Executive's reply to Cllr Kieran Mahon's Question No. 9 at the May County Council Meeting, there were 34 data centres operating in the South Dublin County area in May 2021. At that time there were 66 operational data centres in the country. This means that as of May 2021 over 50% of all data centres were located in South Dublin. The Regional Spatial and Economic Strategy for EMRA RPO 8.25 states that local authorities shall 'Support the national objective to promote Ireland as a sustainable international destination for ICT infrastructures such as data centres and associated economic activities at appropriate locations.' (emphasis added). Due to the burden placed on infrastructure by the existing data centres it should be considered that no further data centres should be located in the county for the duration of the Development Plan on the basis of it no longer constituting an appropriate location. It is noted that the RSES for the EMRA contains a regional policy objective (RPO 8.25) which states 'Local authorities shall: … •Support the national objective to promote Ireland as a sustainable international destination for ICT infrastructures such as data centres and associated economic activities at appropriate locations. '. This is contradictory to the achievement of carbon emissions targets, as stated by the EPA, and it is proposed that the National Policy Objective 54 supersedes RPO 8.25. It is also noted that EDE7 Objective 2 and the new Eirgrid guidelines places additional requirements on space extensive developments and data centres. However, there are a number of proposals contained EDE7 Objective 2 that will not contribute to the meeting of carbon emissions targets. For example, the option of corporate purchasing power agreements doesn't mean that data centres are 'green' as they still get their primary energy from the grid which remains heavily reliant on oil coal and gas. Centres will also have back up generation which will usually be gas turbines. In conclusion, taking all the above information into consideration the amendments 13.1, 13.2 and 13.3, which would place a moratorium on data centres for the duration of the Development Plan, constitute an appropriate response to Climate Change and should be considered to be in the interest of proper planning and sustainable development in the county

REPORT:

The motion seeks to retain Amendments 13.1, 13.2 and 13.3, which would move Data Centre as a use type from the category ‘Open for Consideration’ in the Employment (EE), Regeneration (REGEN) and Major Retail Centre (MRC) zoning objectives in the Draft Plan to ‘Not Permitted’.

It should be noted that for all other zoning objectives in the Draft Plan, Data Centres are a ‘not permitted’ use type. Should the Amendments be retained, as sought by the motion, data centres will be a use type not permitted in any zoning throughout the County.

The Draft Plan, for the first time has included Data Centres as a specific land use type. This means that data centres are now included in every zoning objective matrix giving very clear guidance on where they are permitted, open for consideration or not permitted. As outlined above, there is no zoning objective where data centres are permitted in principle in the Draft Plan. They are open for consideration only in employment zonings, that is in EE, REGEN and MRC zonings and are not permitted in every other zoning type.

Data Centres continue to be supported by national and regional policy. National Strategic Outcome 5 ‘Strong Economy Supported by Enterprise, Innovation and Skills’ of the National Planning Framework (NPF) aims to create places that can foster enterprise and innovation and attract investment and talent. Delivering this outcome will require the coordination of growth and place making with investment in world class infrastructure, including digital connectivity. NSO 5 sets out the importance of digital and data innovation and indicates a number of objectives to achieve this including:

‘Promotion of Ireland as a sustainable international destination for ICT infrastructures such as data centres and associated economic activities.’

The Office of the Planning Regulator (OPR) has stated in their submission at Proposed Material Amendments stage, that due to ‘the absence of any strategic justification to support making data centres a ‘not permitted’ use across all zoning objectives, it is considered that the proposed changes to the zoning matrix are not consistent with RPO 8.25.

The EMRA RSES indicates that the increasing use of digital technologies is impacting on every aspect of our lives and due to a fast moving and evolving infrastructure, the region will need to be able to respond and adapt to future communications networks and technology along with changing work practices and emerging economic models. RPO 8.25 on Communications Networks and Digital Infrastructure states:

‘Support the national objective to promote Ireland as a sustainable international destination for ICT infrastructures such as data centres and associated economic activities at appropriate locations.’.

In a Dáil question on 4th November 2021 to the Minister for the Environment, Climate and Communications on how the carbon budget plan is compatible with the Government’s support of continued data centre expansion, the Minister responded that the Department of Enterprise, Trade and Employment is committed to reviewing the 2018 ‘Government Statement on the Role of Data Centres in Ireland’s Enterprise Strategy’ to align with renewable energy targets, sectoral emissions and climate priorities. This was indicated as part of a suite of actions to ensure that Ireland is planning appropriately for new energy demand in the context of electrification and decarbonisation ambitions, while facilitating growth in digitalisation and the technology sector.

The Climate Action and Low Carbon Development (Amendment) Act provides, among other things, for a maximum amount of emissions to be permitted in different sectors of the economy during a carbon budget period, referred to as ‘sectoral emissions ceilings’. All sectors of the economy will have sectoral emissions ceilings and the government has stated that emissions from Data Centres will be accounted for within the relevant sectoral emissions ceilings.

The Government has indicated that it is working with the relevant state agencies to ensure that there is a plan-led, regionally balanced approach to large developments such as data centres in future taking into account existing grid availability and the opportunity to co-locate significant renewable energy opportunities.

In recognising that data centres and other industries have particular needs which, if left uncontrolled, could have undue negative environmental impacts, EDE7 Objective 2 of the Draft Development Plan contains strong policy and criteria which must be addressed by space extensive enterprises such as Data Centres. This policy has been prepared in consultation with Codema, Dublin’s energy agency, which aims to accelerate Dublin’s low-carbon transition and states:

EDE7 Objective 2

To require that space extensive enterprises demonstrate the following:

The Draft Plan, through EDE7 Objective 2 sets a hierarchy of approaches to energy which must be demonstrated by space extensive development such as data centres. This means that relevant development must in the first instance Maximise on site renewable energy generation to ensure as far as possible 100% powered by renewable energy. Where 100% is not possible they must show evidence of a power purchase agreement made in Ireland. This is a direct agreement with a renewable electricity developer in Ireland. The addition made to EDE7 Objective 2 as set out above accords with the recent Policy Statement of Security of Electricity Supply issued by the government in November 2021 and which requires large energy users proposing to connect to the electricity grid to take into account the potential impact on security of electricity supply and on the need to decarbonise the electricity grid.

Also, in November 2021 in conjunction with the above the Commission for the Regulation of Utilities issued a direction to the System Operators related to Data Centre grid connection. The direction provides criteria to EirGrid, ESB networks and other service providers on how to assess new applications for a connection to their respective transmission and distribution networks to ensure security of supply and combat constraint issues. 

In respect of a potential moratorium EirGrid echo the CRU position and do not adopt a moratorium but look to adopt ‘Connection Measures’ based on the criterial set out by the CRU.  EirGrid are open to considering connections from Data Centres and will make an assessment based on the criteria set out by the CRU. It is the understanding of the Council and confirmed by Codema, the Dublin Energy Agency, that there is no moratorium in place.

As well as this, under Action 99 of the Climate Action Plan 2021, a ‘review of the policy context for Large Energy Users (including Data Centres) will take place, which will ensure alignment of enterprise policy and wider regulatory environment with electricity emission targets and security of supply’.

EirGrid operate and manage the electricity grid so they are best placed to assess whether a Data Centre or any other large electricity user should be granted a grid connection. EirGrid’s primary objectives are to ensure the grid operates well and to “Lead the island’s electricity sector on sustainability and decarbonisation”. EirGrid have all the relevant information to make a well-informed decision on connections to ensure "a safe, secure and reliable supply of electricity on the island of Ireland" as stated in their Group Strategy.

This includes assessing any potential risks brought about by connecting large electricity users. EirGrid use a 2-stage engagement procedure before granting connections and the first of these occurs before the data centre applies for planning permission. As a result, EirGrid are best placed to decide on whether data centres should go ahead or not, from an electricity supply perspective. 

In relation to water supply, all development must have a connection agreement with Irish Water, and it is a standard planning condition that development must comply with the water supply and waste water requirements of Irish Water. Irish Water is a prescribed body and as such planning applications are referred to them for comment as part of the planning assessment procedure.

The CE recognises that a rationale has been put forward in the motion which suggests that there are conflicting objectives in national policy. However, having regard to the above and to continued support for Data Centres within Government policy documents, an outright ban on their development within the county, which is effectively what the motion would do, runs contrary to government policy at this time.

Given the complex issues surrounding this type of development, it is considered that the approach taken in the Draft Plan and CE Report, which leaves Data Centre as an ‘open for consideration’ use, is the most reasonable and appropriate at this time, allowing for an assessment at planning application stage against the relevant objectives in the Plan. Such a categorisation also allows for assessment against the relevant government policy and any changes to that policy that may occur. Eirgrid will undertake their own independent assessment based on the criteria set out by the CRU.

Should the Members agree this motion, the Council may be in a position where the Development Plan contains an objective which does not accord with section 12 (11) of the Planning and Development Acts which state:

‘In making the development plan under subsection (6) and (10), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.’

CE Recommendation:

Make the Plan without Amendments 13.1, 13.2 and 13.3 and revert to the Draft Plan where the use category ‘Data Centre’ is open for consideration in the zoning objectives EE, REGEN and MRC.