High Court grants stay on Dublin Airport noise enforcement order

Fingal County Council, the designated aircraft noise competent authority (ANCA) for the airport, issued an enforcement order against DAA last month in relation to the planning conditions attached to North Runway.

Planning permission for North Runway was granted in 2007 subject to 31 planning conditions, including that it not be used for landings between 11pm and 7am and placing a 65-aircraft movement cap right across the airport from the same times.

The runway project was subsequently put on hold for a number of years. When it was later recommenced, DAA sought changes to the planning conditions.

Prior to the eventual opening of North Runway in August 2022, the ANCA issued a decision revoking the 65-aircraft cap and replacing it with an annual quota count of 16,260 for the full 11pm–7am night period, and providing that North Runway would not be used for take-off or landing between midnight and 6am.

However, the ANCA decision has been appealed by north Dublin residents to An Bord Pleanála and has not yet come into effect pending the review, leading to the issuing of the enforcement order. DAA subsequently filed judicial review proceedings.

The High Court this week granted leave for judicial review and imposed a stay on the enforcement order.

Commenting on the ruling, DAA CEO Kenny Jacobs said: “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.

“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.”

He added: “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 per cent 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.”