Courts / Dublin / Report

No "right to an environment" in Irish Constitution, State says

Date
2017-10-17
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

The High Court heard submissions in three separate challenges to Fingal County Council's decision to extend planning permission for a second runway at Dublin Airport. In the first action, Friends of the Irish Environment claims the extension violates the Habitats Directive and the 2000 Planning and Development Act, and asserts a constitutional right to an environment. State counsel Ciaran Toland SC argued that no such unenumerated right exists in the Irish Constitution, describing the group's reliance on international consensus as speculative. The second challenge, brought by 22 residents from St Margaret's, Co Dublin, alleges the development is illegal because the Council failed to address local concerns or conduct a required Environmental Impact Assessment. The third action, brought by the St Margaret's Concerned Residents Group, claims pre-construction works by the Dublin Airport Authority in December 2016 constituted unauthorised development, a claim the DAA denies. The court has reserved its decision in the third case. The hearing of the first two actions before Mr Justice Max Barrett continues. The DAA, a notice party, intends to build a €320m runway as part of its hub plans, while Ryanair is also a notice party. Respondents oppose all actions.

Who, what, where, when and why

What: Report matter: No "right to an environment" in Irish Constitution, State says. Procedural stage: hearing_or_decision

When:

Case subjects

Development Act

Applicant

Habitats Directive

Applicant

St Margaret

Applicant

St Margaret's Concerned Residents

Applicant

Places mentioned

Court Venue
  • High Court
Secondary Mention
Address Area
  • Kilreesk Lane

Topics

Stage Hearing Or Decision

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