daa answers comments made by Fingal County Council on validity of planning application 

Padraig Conlon 15 Jan 2025
Kenny Jacobs CEO of daa

Dublin Airport Authority (daa) has responded to Fingal County Council’s decision to declare their application to increase the cap to 36 million a year as invalid.

Daa said Dublin Airport’s 32 million terminals passenger cap restriction is “an issue of national importance that needs to be urgently resolved” as they called on planners to “take a pragmatic and proactive approach so that Ireland doesn’t lose vital connectivity, jobs, tourism, and economic growth opportunities over the years ahead.” 

Everyone recognises the need to urgently resolve the Dublin Airport planning cap issue,” daa CEO Kenny Jacobs said.

“We respect that FCC has a job to do but declaring daa’s application to increase the cap to 36 million a year as invalid after twice confirming it was valid shows the inconsistent approach of FCC’s planners (see attached confirmation of validity from FCC’s planning department).

“We also refute the reasons given for declaring a 1,000-plus page application as misleading.

“The suggestion that daa had not discussed the application with FCC is wrong.

“daa engages extensively with FCC on all planning matters and had more than 30 meetings with them last year.

“daa’s leadership and planning team dedicate immense time, effort, expertise and resources to our planning applications and have a track record of successful applications like Terminal 2, the North Runway and the airport underpass.

“We also partner with highly experienced planning, environmental and legal consultants to ensure our applications robustly meet the requirements of the planning system.

“These are not simple matters: many of daa’s planning applications are large and complex, both from a technical and planning perspective, and from a regulatory and environmental assessment perspective at both national and EU level.

“While the ‘no build’ application to increase to 36 million had some complexity, the purpose was simple; to find a short-term solution to the planning cap impasse while FCC gets on with evaluating the bigger 40-million application lodged in 2023. The original idea to apply for 36 million rather than 40 million came from FCC, and government and other stakeholders have consistently supported the idea to lodge a ‘no build’ application.”

daa’s submission to FCC in December of a ‘no build’ operational application (OA) to increase the passenger cap to 36 million was intended as a short-term solution.

As the application did not seek permission to build any infrastructure, daa hoped that it could move swiftly through the planning system.

Daa say this approach was supported by government and other stakeholders, who requested daa make the submission.

The original idea to submit for 36 million rather than 40 million came from FCC and daa discussed the application with FCC at numerous meetings. Despite being a ‘no build’ application, the application was comprehensive and ran to more than 1,000 pages (1,353 pages).  

In a statement, daa said:

“daa strongly rejects FCC’s statement that daa’s application was confusing or misleading.

“For example, FCC has said that one of the reasons for the rejection was the way passengers are counted in the OA.

“The 32-million condition imposed by ABP in 2007 related to surface access and the number of passengers permitted to enter the terminals every year.

“The OA seeks permission to increase the total number of passengers passing through Dublin Airport – whether through the terminal doors, transiting or transferring or using another part of the airport outside of the main terminals – to 36 million a year.

“This is known as ‘aviation count’ and standardises how we count passengers. This is clearly explained in the OA and should not be a reason for declaring the OA invalid.            

“Another reason FCC said the OA was invalid is that the application was linked with the outcome of the separate North Runway Relevant Action (NRRA), which is currently with An Bord Pleanála and awaiting a final regulatory decision after more than four years in process. daa purposely proposed the OA would only become effective following the outcome of the NRRA so that FCC could have confidence that any operating restrictions and noise mitigations deemed appropriate by ABP in that application, would also apply to the proposed passenger growth to 36 million per year. This should not be a reason to deem the application invalid.”

 

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