Lawyers for two objectors to Apple's proposed €850 million data centre in Athenry, Co Galway, have told the Commercial Court they wish to appeal last week's decision by the court that cleared the way for the development to proceed.
Last week, Mr Justice Paul McDermott ruled that he was refusing applications from locals Allan Daly and Sinead Fitzpatrick, as well as Dublin businessman Brian McDonagh, who sought to have the permission from An Bord Pleanála overturned.
This afternoon, the court heard that lawyers for Mr Daly and Ms Fitzpatrick are to ask the Commercial Court for a certificate to appeal to the Court of Appeal.
Their application will be heard on 25 October by the court.
Representing himself, Mr McDonagh asked the court for more time to consider the judgment of last week.
However, Mr Justice McDermott told him he had the same period as the other two objectors in which to lodge an application for a certificate to appeal, should he decide he wishes to do so.
Apple first announced plans to construct the data centre on a greenfield site at Derrydonnell Woods near the Co Galway town in February 2015.
Construction of the first phase promised to generate 300 temporary jobs, with more than 100 permanent staff required to run it.
The following September, Galway County Council gave permission for it to proceed subject to conditions, but that decision was subsequently appealed to An Bord Pleanála.
Following oral hearings, the planning authority confirmed the permission in August of last year.
However, the three objectors subsequently asked the fast track Commercial Court division of the High Court to review the decision.
Among their arguments was that the planning permission was invalid because the board failed to carry out a proper Environmental Impact Assessment of the proposed development.
However, Mr Justice McDermott ruled last week that the EIA had been carried out correctly and that other concerns they had raised, including about the energy supply to the plant, were unfounded.
After informing the court that his clients wished to seek permission to appeal, counsel for Mr Daly and Ms Fitzpatrick, Oisin Collins BL, said he was seeking directions from the court about when it would be heard.
Mr Justice McDermott said he could hear their applications right away, but Mr Collins indicated more time would be needed to prepare it.
Counsel for An Bord Pleanála, Nuala Butler SC, said the case had been on the Commercial Court list as it was urgent and she asked that the grounds for a certificate to appeal be lodged by lawyers for the objectors within a week, with a response coming a week later.
Mr Collins said he was not sure the case could be dealt with in the timeframe being proposed and said there appeared to be a new urgency to the matter, which seemed to be taking over the way it was being approached.
Mr Justice McDermott said he was just trying to facilitate an early hearing of the case. He set a date of 25 October when he will consider arguments from both sides.
Mr McDonagh told the court he would like more time to consider the court's judgment from last week.
However, Mr Justice McDermott said he had the same period of time as Mr Daly and Ms Fitzpatrick in which to put in an application for a certificate of appeal, if that is something he wished to do.
A spokesperson for Apple said the company did not wish to comment at this time on the decision by the objectors to try to appeal the ruling.
A spokesperson for the Athenry for Apple group, which is supportive of the data centre project, said the community locally was very disappointed to hear about the further delay.