The Council acknowledges the ongoing concerns expressed by residents regarding noise associated with data centre developments and recognises the impact that persistent day-time and night-time noise can have on residential amenity and quality of life. The Council is committed to ensuring that concerns raised by residents are appropriately considered and investigated through the relevant statutory processes and regulatory frameworks.

Developers are required to carry out development in accordance with the terms of a grant of planning permission and any conditions attached to that permission.

During the planning process, the Planning Authority assesses the likely impacts of a proposed development on the environment and residential amenity. For larger developments, this may include Environmental Impact Assessment (EIA), which considers matters such as operational noise, cumulative effects, sensitive receptors and proposed mitigation measures. Where appropriate, planning permissions include conditions designed to protect residential amenity, including noise-related conditions, noise monitoring requirements and mitigation measures.

Planning permissions for data centre developments may include conditions relating to operational noise limits, implementation of mitigation measures identified through the environmental assessment process, noise monitoring requirements, avoidance of nuisance or tonal noise and the ongoing maintenance of plant and equipment.

In the case of data centre developments and associated energy infrastructure, potential noise impacts are assessed through the planning process and, where required, through Environmental Impact Assessment. Following commencement of operations, Environmental Protection Agency (EPA) licensed facilities are subject to an ongoing environmental regulatory regime. The EPA licensing process includes detailed consideration of potential environmental impacts, including noise, and may impose specific daytime, evening-time and night-time noise limits at noise-sensitive locations together with monitoring, maintenance and control measures. EPA licences may also require periodic noise monitoring in accordance with EPA guidance, the recording and investigation of environmental complaints, reporting of noise monitoring results and the implementation of public awareness and communications measures in relation to the environmental performance of a facility.

Where Planning Enforcement receives a complaint regarding unauthorised development or non-compliance with a planning permission, an investigation is commenced. This involves identifying the relevant site, reviewing the planning history and assessing compliance with the conditions attached to the planning permission. Where appropriate, complaints may be referred to other sections of the Council or to other statutory agencies depending on the nature of the issue raised.

Planning Enforcement is carried out in accordance with the Planning and Development Act 2000, as amended. Where appropriate, a Warning Letter may issue and, where non-compliance persists, an Enforcement Notice may be served and, where necessary, the matter may be referred for legal proceedings. The Planning Authority will continue to exercise its statutory planning enforcement functions where breaches of planning permissions or planning conditions are identified.

The planning system and the environmental licensing system operate as separate but complementary regulatory regimes. The planning process, including EIA where applicable, assesses likely environmental impacts before development consent is granted, while the Environmental Protection Agency (EPA) regulates licensed facilities on an ongoing basis following commencement of development. EPA licences generally include noise limits, monitoring requirements, complaint investigation procedures and compliance obligations. 

Where a facility is subject to an Industrial Emissions (IE), Integrated Pollution Control (IPC) or Waste Licence, the EPA regulates compliance with the conditions of that licence, including any noise limits, monitoring requirements and other environmental controls imposed through the licensing process. The EPA is responsible for exercising its statutory powers in respect of licensed activities. 

Accordingly, while the Council retains responsibility for planning matters, including monitoring compliance with planning permissions and planning conditions and taking planning enforcement action where appropriate, EPA licensed facilities may also be regulated by the EPA through a separate statutory licensing regime. 

The Council will continue to exercise its planning enforcement functions where breaches of planning permissions or planning conditions are identified. The planning and environmental licensing systems provide complementary mechanisms for the assessment, monitoring, investigation and enforcement of environmental and planning obligations associated with data centre developments and associated infrastructure.