Council to lodge papers over Dublin Airport’s challenge to night-time flights order

A legal fightback against Dublin Airport’s challenge to an order it reduce night-time flights is expected within weeks.

It comes ahead of efforts later this week to seek a Government disbandment of the board of the Dublin Airport Authority (DAA), which runs the airport, as the controversy deepens over flight noise in north county Dublin.

Residents in the area have been vocal in their opposition to late night flights and the paths taken by aircraft using the new north runway.

There are further concerns about what the future might hold once An Bord Pleanála issues its decision on “noise abatement” proposals at the airport.

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Following a four-month investigation earlier this year, Fingal County Council’s planning department issued an enforcement order against DAA in July giving it six weeks to reduce the number of flights.

However, in August the airport operator received a High Court stay on that notice on the grounds it could be forced to cancel thousands of flights. It was also granted leave to pursue a legal challenge against the order which it claimed was flawed, unreasoned and vague.

Although the court granted DAA a stay on the notice coming into effect, it said Fingal County Council could come to court on 48 hours’ notice to DAA and seek to have the stay either removed or varied.

On Monday, the council said its lawyers had reviewed the court papers and “opposes all grounds of challenge”. It is now preparing opposition papers and will seek a date for hearing once these are filed which is likely to be in a matter of weeks.

In a separate development, Fingal councillor Cathal Boland will seek support for a motion on Thursday urging the Government to remove the DAA board on the grounds it “has failed to understand the regulatory requirement under which Dublin Airport is required to operate and also its clear failure to understand the process of planning as it relates to their charge”.

Mr Boland said he was confident the motion would pass at Thursday’s local area meeting of Swords, Balbriggan and Rush-Lusk and that a letter would then be sent from it to the secretary general at the Department of the Taoiseach.

“Neighbours generally help good neighbours,” he said of the breakdown in relations between the airport and surrounding communities. “But unfortunately in this case nobody sees the airport any more as a good neighbour.”

Mr Boland’s motion will be debated by 17 elected members in what may be viewed as a reflection of political unity against the airport operator in relation to the issue.

“It’s difficult to see how trust will be built again with the community in respect of the executive that’s there,” he said.

The investigation into the airport and the resulting enforcement notice was conducted under Section 153 of the Planning and Development Act.

Once in effect, the notice would have compelled the airport to ensure the average number of night-time flights, those between 11pm and 7am, was 65 or fewer.

A spokesman for the DAA said a motion by a sub-committee of a planning authority seeking the removal of the chair of a semi state business seeking planning was “unusual and just for show”.

“This motion is all the more baffling as the Aviation Noise Competent Authority (ANCA) which is part of Fingal County Council has already published its decision regarding appropriate noise mitigation measures to apply at Dublin Airport and this decision aligns closely with best international practice as proposed by DAA,” he said.

“DAA hugely respects the planning and regulatory authorities but delays in progressing planning matters have been worsened by a complex and protracted regulatory and planning system. As a result, it has taken years longer than anticipated to implement an EU directive to enable DAA to apply for changes that it has sought over many years.”

Separately, DAA chief executive Kenny Jacobs said “unnecessary delays in planning have a direct knock-on impact on the Fingal region, job creation, on airlines, on passengers and on Ireland’s international connectivity at a time when DAA makes an enormous contribution of €9.6 billion to the Irish economy, facilitating and supporting more than 116,000 jobs, including 30,800 jobs in the Fingal area.”