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Laura Hutton

Residents group launch legal challenge over new Dublin Airport runway

The €320 million runway is to be built north and north west of the airport terminal building.

THE FIRST OF three legal challenges to plans for a new €320m runway at Dublin Airport has opened at the High Court.

The proceedings arise over the proposed development of a 3,110 metre runway, located on 261 hectares in townlands north and north west of the airport terminal building.

The second runway has been deemed vital to proposals to turn the airport into an international hub.

All three actions are to be heard in sequence by Justice Max Barrett.

The first to be heard has been brought by the St Margaret’s Concerned Residents Group – of which the individual residents are members – against the DAA.

The residents claim  certain pre-construction works carried out in December of last year on the proposed new runway by the DAA amounts to unauthorised development.

The residents claim the development was carried out in breach of a condition of the planning permission granted by An Bord Pleanala in 2007 allowing the DAA construct the runway.

Opening the case John Rogers SC for the residents said it is their case the DAA failed to adhere to a planning condition covering how waste from the site of the new runway is to be dealt with during the construction phase.

A waste management plan had to be submitted by the contractor and approved by Fingal County Council “prior to the commencement of the development,” counsel said.

This was not done and there had been non compliance by the DAA in relation to the planning permission.

Counsel said works commenced on the site of the proposed runway in December 2016, which involved the demolition and removal of buildings, including a fire training facility at the airport, from the lands.

However the required waste management plan was not submitted to the local authority Fingal Co Council until February 2017 after his client’s solicitors had raised the matter.

Counsel said that some of the items removed from lands that are adjoining the residents properties contained toxic material including asbestos.

It was not accepted that the breach of a planning condition put in to protect his client’s interests was immaterial, counsel said.

The DAA represented by Brian Kennedy SC and Gareth Simons SC,  opposes the action and argues that no unauthorised development has occurred.

Kennedy said that due to an error the waste management plan was not submitted to the local authority before works began.
However the problem had been rectified with the submission of the relevant document before the residents began their legal action.

Counsel said the action was “unnecessary”. While the waste management plan had inadvertently not been included in time it had been adhered to since works had began.

The error did not give DAA any advantage and had in fact caused it “a world of pain.” counsel said.

Counsel added that if the court did find the works were unauthorised development then the court should use its discretion not to grant any of the orders sought by the residents.

Counsel said the second runway is a major development in the state and is of public importance.

The hearing of that case continues and is expected to conclude on Wednesday.

The second of the three challenges has been brought  by 22 individual residents – most with addresses at Kilreesk Lane, St Margaret’s, Co Dublin while the third action has been brought by Friends of the Irish Environment.

They allege the development is illegal and that Fingal Council failed to consider or address their concerns about its effect on their homes and lands.

The environmental group’s action has been brought on grounds including the decision to grant planning permission is not in compliance with various Eu directives such as the Habitats Directive as well as the 2000 Planning and Development Act and is unlawful.
The group also argues that the decision will result in additional greenhouse gas emissions which will increase the pace of climate change.

Those two cases have been brought against Fingal County Council and the State, with Dublin Airport Authority plc as a notice party.

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    Mute Gerald Kelleher
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    Mar 18th 2018, 10:24 AM

    Even people in ancient societies, Christian or otherwise, had to periodically take time out so as not to develop rut thinking which makes life stale. It is not necessarily for everyone but places like Lough Derg with its mild form of physical challenges does break a person down and perhaps spark a person out of apathy or some issue that has taken up a lost of their time.

    Going for a long walk does make a difference as the person comes back from a walk is not often the same person who began it as it does clear the head but such is one side spirituality even if society forgot it.

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    Mute Sean O Sullivan
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    Mar 18th 2018, 8:47 AM

    I wouldn’t walk these paths in case people mistake me for a religious person

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    Mute Honeybadger197
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    Mar 18th 2018, 8:49 AM

    @Sean O Sullivan: A slayer t-shirt & a witchdoctors rattle will sort that. The views on the Kerry walk are incredible.

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    Mute Greg Kelly
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    Mar 18th 2018, 9:10 AM

    @Sean O Sullivan: or people might notice the massive chip on your shoulder about religion . Ffs! Who gives a sh!t

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    Mute Sean O Sullivan
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    Mar 18th 2018, 12:42 PM

    @lochinvar56: ooh have i upset some religitards

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    Mute Pat Redmond
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    Mar 18th 2018, 10:08 AM

    Cars are constantly being broken into at Wicklow car parks. The councils need to put in parking attendants. Motorists would happily pay.

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    Mute Michael Knight
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    Mar 18th 2018, 10:22 AM

    Pilgrimage to the pub on Good Friday, get in!

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    Mute WoodlandBard
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    Mar 18th 2018, 1:59 PM

    Pilgrim’s Path to and over Slieve League, in Donegal, not listed here, including the One Man Pass, is my favourite, but I do not have the head for One Man Pass myself. Still beautiful and quite a walk before that pass anyway. Surprised there is not a more established walk around Gartan and Doon Rock as a Columcille Pilgrimage in Donegal … but the 15 station Columcille Pilgrimage walk at Glencolomcille should be listed, very popular. Takes over 3 hours to complete, so not a multi day walk … though could be if Gartan was included.

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    Mute Jean Swift
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    Mar 18th 2018, 7:42 PM

    You just never know what you will experience when you start on a pilgrim path but it will change you in ways that you may not expect. I have walked the Camino twice, the first time in 1992 starting in St Jean Pied le Port. I was alone at a time when the number of pilgrims were few and very far between. The most valuable experience for me was that despite many obstacles I found the courage to achieve my goal and secondly it is vital that you take one day at a time, do not look forward, do not give in to the temptation to envisage how little you have done and how far you still have to travel. Keep a diary. Thanks to the experience I now know that when things are tough I will with patience and staying power get through.

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