Daa claims council's plan will impinge on future development of Dublin Airport

The High Court case centres on noise insulation schemes for homes affected by Dublin airport noise, and on the rezoning of lands near the main airport.

The Daa has taken judicial review proceedings against Fingal County Council over the council's new development plan which it says may cost it €1.8 billion and “impinge on future development at Dublin Airport”.

The High Court case centres on two “material alterations” recently adopted by Fingal councillors, related to noise insulation schemes for homes affected by airport noise, and on the rezoning of lands near the main airport.

The issue of noise at Dublin Airport has featured prominently in recent times as residents of parts of north county Dublin have complained of severe disruption even despite flight path changes from the new second runway.

In a statement, Daa said the material alteration related to noise insulation schemes was adopted “against the recommendations of both Fingal’s CEO and the Office of the Planning Regulator (OPR)”.

It said there was an “arbitrary requirement” to expand the noise insulation schemes, to include all areas exposed to 40 decibels Lnight or higher.

“[This is] despite the fact that Daa has already extended eligibility for home insulation schemes to over three times the number of houses required under its North Runway planning permission."

It also pointed to a recommendation issued by the OPR to the Minister for Local Government in this regard. The OPR had said: “The Office acknowledges the reasons given by the elected members in terms of protecting health and amenities of the surrounding residents.

“However there are extensive and reasonable provisions in the plan to manage noise effects associated with the operations of Dublin Airport.” 

Grant scheme

Under a 2020 planning application, DAA proposed the introduction of a new night-time insulation grant scheme of €20,000 per eligible dwelling covering 350 dwellings. This was part of a bid to address conditions on previous planning conditions that would “severely hamper the operational flexibility that currently pertains at Dublin airport”.

In the judicial review filed on Tuesday, Daa also seeks to overturn a second material alteration to the Fingal Development Plan over rezoned lands to the east of the airport.

“The second material alteration has rezoned selected lands within the Dublin Airport campus from Dublin Airport to Community Infrastructure, a zoning which does not permit development of air transport infrastructure, which significantly impinges on Dublin Airport’s future development potential,” it said.

Last month, Dublin Airport rejected claims its north runway breaches planning permission but said it would introduce 18 new noise monitoring terminals over the coming months.

Residents have claimed there is “unacceptable aircraft noise pollution” from flights using the runway and that the flight paths differ from what was granted in planning permission in 2007.

In its draft development plan, Fingal County Council had said there was a need to “minimise the adverse impact of noise without placing unreasonable restrictions on development and to avoid future conflicts between the community and the operation of the Airport”.

It acknowledged that the airport is the “single more significant economic entity in Fingal and the wider Dublin region”.

It added that it was committed to the goals of the Paris Climate Agreement and that it would take them into account in all of its decisions related to the airport.

Fingal County Council has been contacted for comment.