daa welcomes High Court judgement

Dublin Airport operator daa has been granted leave to apply for a judicial review of  Fingal County Council’s order to limit night-time flights at the airport.

Yesterday, the High Court also granted a stay preventing the enforcement notice issued by the council from being implemented.

Fingal County Council had given daa six weeks to cut the average number of aircraft movements taking place at the airport between 11pm and 7am each night during a 92-day reference period to 65 or less.

daa has welcomed the judgement made by the High Court.

Alternative noise abatement proposals made by ANCA as the competent authority are currently under review by An Bord Pleanála.

“While today’s decision does not solve the underlying planning issues, it is a pragmatic decision while we focus on maintaining vital international air connectivity and protecting Irish jobs supported by Dublin Airport as a vital economic enabler for the country,” Kenny Jacobs, daa CEO, the operator of Dublin Airport said.

“Balancing the needs of a major international airport like Dublin, with the needs of local communities and residents is always a delicate matter, but one we take extremely seriously.

daa has been seeking the removal of two onerous planning conditions since 2007.

The urgency attaching to planning and regulatory processes to consider those changes, having regard to an EU Directive, was relayed to and understood by regulators, planners and policy makers at the time but we have been frustrated by a complex and protracted Irish planning system.

daa is proposing to only use North Runway from 6am to midnight rather than 7am to 11pm as set out in the current planning conditions and introduce a noise quota count system rather than a flight movement number cap.

These were set out in our Relevant Action submitted in 2021.

Both Fingal County Council and ANCA themselves agree with us that this is a better approach as do our airline customers.

The conditions attached to the initial grant of planning for North Runway, granted over 16 years ago, reflected the situation at that time which is vastly different to current operations.  Modern aircraft are dramatically quieter than 16 years ago for a start, and the Ryanair and Aer Lingus fleet include a large number of new planes which are 50% quieter. It is imperative now that this matter is brought to a speedy and successful conclusion in the national interest.

The Relevant Action, if approved by An Bord Pleanála, will prevent any disruption to flights and balance the needs of the community with the need for connectivity. daa will continue to challenge this enforcement order and will work with all stakeholders to get a solution to avoid any disruption to flights,” Kenny Jacobs added.

In a statement, daa said:

“Prior to any application to change the conditions included in the planning permission, new legislation was required and a new competent authority needed to be nominated, established and resourced.

Only after that point could a formal application process to Fingal County Council and the new Aircraft Noise Competent Authority (ANCA) commence, each involving sequential, time prescriptive consultation processes.

As a result, daa could not submit its application for changes to the onerous conditions until December 2020, some four and a half years after daa had hoped to do so. This process took at least two years longer than anyone had anticipated after the organisation, nominated by the then Minister for Transport, Tourism and Sport, Shane Ross T.D. in February 2016 as the Noise Competent Authority, was changed from the Irish Aviation Authority to Fingal County Council in February 2018.

In June 2022, ANCA, the new competent authority, a separate and independent directorate within Fingal County Council, published its decision regarding appropriate noise mitigations and operating conditions to apply at Dublin Airport.  These were informed by best international practice and EU Directives designed to minimise noise impacts. This decision is now subject to appeal to An Bord Pleanála.

ANCA’s proposals in respect of night-time aircraft activity at Dublin Airport were two-fold. Firstly, to revoke Condition 5 (65 flight cap) and replace it with an Annual Noise Quota for the full night period (23:00 to 07:00). Secondly, that North Runway shall not be used for take-off or landing between 00:00 and 05:59 (from 23.00 to 07.00 previously).

As a result, by the time North Runway opened in August 2022, the competent authority had made its decision regarding appropriate noise mitigations and operating conditions that should prevail at Dublin Airport.

As this decision is subject to appeal to An Bord Pleanala, this raises complex issues for Dublin Airport, its airline partners and a range of planning and aviation regulatory authorities.”

Fingal County Council however had a different reaction to the High Court decision.

“As today’s application in the High Court by DAA was made on an ex parte basis, Fingal County Council was not represented at the hearing,” they said in a statement.

“The decision of the Court and the grounds put forward by DAA will be considered by the Council when received.