Courts / Dublin / Report

First legal challenge to new Dublin airport runway opens

Summary

The first of three legal challenges to the proposed €329m second runway at Dublin Airport opened at the High Court before Mr Justice Max Barrett. The St Margaret's Concerned Residents Group, acting as applicants against the Dublin Airport Authority (DAA), alleges that pre-construction works carried out in December 2016 constitute unauthorised development. Counsel for the residents claimed the DAA breached a 2007 planning permission condition by failing to submit a waste management plan to Fingal County Council before demolition began, with the plan only submitted in February 2017. They further alleged that removed materials contained toxic substances, including asbestos. The DAA, represented by counsel, opposed the action, arguing no unauthorised development occurred. They stated the late submission was an error that was rectified before the legal action commenced and that the plan was adhered to thereafter. Counsel for the DAA requested the court exercise discretion to deny the sought orders, citing the project's public importance. The hearing of this case continues and is expected to conclude on Wednesday. Two further challenges are pending: one by 22 individual residents alleging Fingal Council failed to address local concerns, and another by Friends of the Irish Environment. The latter argues the planning decision violates the Habitats Directive and the 2000 Planning and Development Act, and will increase greenhouse gas emissions. These subsequent actions are brought against Fingal County Council and the State, with the DAA as a notice party.

Who, what, where, when and why

What: Report matter: First legal challenge to new Dublin airport runway opens. Procedural stage: hearing_or_decision

When:

• December 2016 Other
• February 2017 Other
• 2017-10-03 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report