The two U2 concerts planned for Lansdowne Road in Dublin at the end of August cannot go ahead as they required planning permission, the High Court decided yesterday. The President of the High Court, Mr Justice Costello, said he appreciated his decision would cause disappointment to the IRFU, the concert promoter and the band, and to the thousands of people who had been looking forward to attending the concerts in the international rugby stadium.
He made an order against the Irish Rugby Football Union, owners of the stadium, restraining the holding of the concerts on August 30th and 31st on the application of local residents. He found that holding concerts at Lansdowne Road was a "material change of use" which required planning permission. Mr Colm Allen SC, for the trustees of the Irish Rugby Football Union, asked for a stay on the order to facilitate an appeal. Mr Justice Costello granted a stay until tomorrow. The proceedings were brought in the name of three residents, Mr John Mahon, Ms Sharon McGrath and Ms Oonagh O'Reilly against the trustees of the IRFU. Earlier this month, Dublin Corporation indicated it was prepared to allow the U2 concerts on the basis that clarification would be obtained from the courts later on the planning issue.
The residents then brought proceedings, claiming planning permission for the concerts had not been obtained. They objected on the grounds of noise, inconvenience with trucks, floodlighting late into the night and general disruption.
Mr Justice Costello said the order would have financial implications for a number of persons, but those involved in the decision to hold the concerts must have been well aware of the planning history of similar events at Pairc Ui Caoimh in Cork and at Croke Park. The IRFU must have been aware it had breached one of the planning conditions relating to floodlights and had not honoured an undertaking to consult the residents about a Celine Dion concert in June or the two proposed U2 concerts. Mr Justice Costello said all involved in the organisation of the events must also have been aware there was a significant risk the plans might be legally challenged and that it might succeed.
"That risk has been realised and the challenge has been successful," he added. There were no "exceptional circumstances" which would justify him in refusing relief. "I have no alternative but to apply the law and to stop what would be a serious illegality occurring by the holding of these concerts," he said.
Mr Justice Costello said that since 1990, the lands had been used for concerts four times. The IRFU had been granted planning permission for the installation of floodlighting in 1991. A consulting engineer for the IRFU wrote stating the principal and primary use of the ground was for rugby with occasional use for soccer and possibly one American football match a year. Hours of operation were stated to be normally 2 p.m. to 6.30 p.m. and the operating hours for floodlit matches would be from 2 p.m. to 9.45 p.m.
The letter said there were no contractual arrangements for concerts but if any were to be arranged, "it is envisaged that there would not be more than one per annum". It added: "The nature of the concerts is such that the full general floodlighting is not required."
The decision granting planning permission was appealed by residents. In February 1992, An Bord Pleanala granted permission for floodlights subject to conditions, one being that the number of sporting events held or matches played under floodlights should not exceed nine a year. Unless planning permission was obtained for additional events, none should be held between 10.30 p.m. and 9 a.m. Another condition was that floodlights were not to be used for activities other than sporting ev ents or field games. Floodlighting had been used during the Celine Dion concert in June and were not extinguished until 10.30 p.m.
Mr Justice Costello said the IRFU was in breach of the letter of April 1991 and the planning permission of February 1992 and its undertaking to residents in a number of respects. Permission did not allow the use of floodlights other than for sporting events but they were used for the Dion concert. It was proposed that floodlighting would be operated normally between 2 p.m. and 9.45 p.m. but they were not extinguished on July 15th and 16th last until 10.30 p.m. One concert had been held there this year but two more were planned for August 30th and 31st; the residents were not consulted about the Dion concert and two U2 concerts.
Mr Justice Costello said the general effect of holding a concert on the residential amenities in the area of Lansdowne Road had been established in uncontradicted evidence. Noise and disturbance lasted for seven to 10 days. The concert usually started about 6.30 p.m. with a warm-up act. The main event started between 8.30 p.m. to 9 p.m. and lasted about two hours. It took at least 1 1/2 hours to clear the stadium.
Noise continued through the night with trucks moving equipment, remaining on site with engines on, and continued over the next day or two.