Bid to appeal proposed new €320m Dublin Airport runway is dismissed

By Ann O'Loughlin

An application brought on behalf of a number of North county Dublin residents for permission to bring an appeal before the Court of Appeal against plans for a new €320m runway at Dublin Airport has been dismissed by the High Court.

Last November Mr Justice Max Barrett dismissed three actions concerning the proposed development of a 3,110 metre runway, located on 261 hectares in townlands north and north west of the airport terminal building.

In his ruling today Mr Justice Barrett, while expressing his sympathies for the residents and his "respect for their fighting spirit," said they had "not raised any points of exceptional public importance" that would allow the court grant permission to have their appeals considered by the Court of Appeal.

The proposed new runway at Dublin airport

The challenges arose over Fingal Co Council's decision to extend the length of planning permission granted to the Dublin Airport Authority to construct a second runway.

The proposed runway has been deemed vital, by parties including the DAA, to proposals to turn the airport into an international hub.

Lawyers representing one of the parties that brought a challenge sought permission from the Judge to appeal his decision to the Court of Appeal.

Twenty tow individual residents - most with addresses at Kilreesk Lane, St Margaret's, Co Dublin sought to appeal the court's dismissal of their arguments including that the development was illegal and that Fingal Council failed to consider or address their concerns about its effect on their homes and lands.

They brought proceedings against Fingal Co Council and the State, while the DAA and Ryanair were notice parties to the proceedings.

The residents, should they wish to pursue their claims, can make a direct appeal to the Supreme Court to consider their case.

In a separate ruling today the judge ruled both the St Margaret's Concerned Residents Group, who also brought a challenge over the proposed runway, and the DAA would have to pay their own legal costs.

The application for costs was made following the court's dismissal of that group's claims that certain pre-construction works carried out in December 2016 on the proposed new runway by the DAA amounted to unauthorised development.

A third challenge brought against the proposed new runway was brought by the Environmental Group Friends of the Irish Environment.

It did not seek to appeal the High Court's dismissal of its arguments that the proposed runway would result in additional greenhouse gas emissions which will increase the pace of climate change.

The Judge did accept the group's argument there is a constitutional right to an environment.

However he held it did not arise in circumstances where the group was not entitled to participate in the decision extending permission for the runway.

 

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