Court finds for Aer Rianta in land action

The State and Aer Rianta have survived a High Court action seeking to quash contentious planning restrictions on privately owned lands around Shannon Airport.

If it had been successful, the judicial review taken by Mr Sean Liddy, of Ballycalla, Newmarket-on-Fergus, Co Clare, would have had major implications for land use around the three Aer Rianta-controlled airports at Dublin, Shannon and Cork.

For the past 30 years, there have been so-called red zones around the three airports to provide for the safety of planes in the air and people on the ground.

In recent years, the red zones have caused tension between Aer Rianta and landowners around Dublin and Shannon airports where Aer Rianta objects to developments within the zones.

At a five-day High Court hearing in November 2001, Mr Liddy applied to have the order designating over half of his 30-acre landholding as part of the red zone outside Shannon Airport quashed. He claimed his lands were sterilised as a result. The court heard that five planning applications lodged by him were granted planning by Clare County Council, but were overturned after Aer Rianta appealed the decisions to An Bord Pleanála.

Mr Liddy contended the setting up of "red zones" was not considered in any legislation or regulations and therefore lacks any legal basis and is beyond the authority of Aer Rianta. He also claimed the imposition of the red zone represented an unjust attack on his property rights under the Constitution.

However, in his 19-page reserved judgment, the president of the High Court, Mr Justice Finnegan, has found against Mr Liddy on all counts.

Clare County Council member for the area, Cllr Pat McMahon said yesterday the Shannon community is shocked at the ruling.

"Sean had the backing of the community here because the imposition of the red zones is very unpopular here where the land is effectively frozen for development. If he had been successful, there would have been major repercussions for Aer Rianta."

Mr Justice Finnegan said: "Nothing is disclosed in the affidavits before me to suggest that the planning code is being applied in a manner discriminatory to Mr Liddy or in any way that is unreasonable."

He said Mr Liddy's "application for planning permission failed upon the basis of the Planning Acts and if the applicant thus sustained loss, it was by virtue of the operation of those acts".

Refusing Mr Liddy's case on constitutional grounds, Mr Justice Finnegan said: "The objective of preventing developments which might endanger or interfere with the safety of aircraft is clearly a valid and appropriate one based on the common good and therefore an appropriate matter to be balanced against the constitutional rights in relation to private property."

He also ruled Mr Liddy's lands are not "sterilised", that he had secured planning for a house on the lands in 1988 and for a further five houses on the lands in 1993.

"It cannot reasonably be said that Aer Rianta do not have an interest in the proper planning and development of the area surrounding Shannon Airport and whether this be on the basis of the safety of air transport or relates to the then existing amenities of the airport or any future development of the same."

Mr Liddy declined to comment on the outcome yesterday and an Aer Rianta spokesman said the company noted the ruling. Mr Liddy will find out tomorrow if he has to incur all costs.