THE OPERATOR OF Dublin Airport, DAA, has won a battle with Fingal County Council concerning the council’s demand that it pay €5 million in planning contributions.

This follows An Bord Pleanála’s ruling that the condition attached to an airport-related planning permission demanding the payment of €5 million by DAA towards the provision of public infrastructure be removed.

The condition was one of 11 conditions attached to the grant of permission to DAA for the extension to the North Apron of Dublin airport.

The proposed development is intended to replace airport parking for 13 aircraft lost from Aircraft Park Charlie due to the works on the north runway.

In its ruling, the appeals board has determined that the Council’s Development Contribution Scheme does not apply to the development and has not been correctly applied in this instance.

The board ruled that the proposed development comprises an open apron extension and servicing area within the airport complex and does not include any building or associated floor area.

The appeals board stated that the Council’s Development Contribution Scheme does not apply to any category of development that does not contain floor area.

In the appeal lodged to An Bord Pleanála by DAA against the condition, consultants Tom Phillips & Associates contended that Fingal County Council erred in imposing the condition concerning 60,484 square metres of pavement works of the apron area at the airport.

The Council made the €5 million demand after imposing a charge of €83.13 per square metre for the 60,484 square metres of airport apron.

In the appeal, director at Tom Phillips, Gavin Lawlor, asked the appeals board to remove the condition containing the €5 million demand and waive any financial contributions.

Lawlor has told the appeals board that Fingal County Council incorrectly applied its own Development Contribution Scheme when seeking the €5 million as no commercial buildings are proposed as part of the development.

Lawlor stated that as a result it is inappropriate to charge commercial rates for this form of development.

Lawlor also argued that the financial contribution doesn’t apply as the extension to the North Apron is ancillary to the function of the airport terminals, runways and other buildings which have already been subject to financial contributions in previous planning permissions.

The appeal stated that €11.6 million was previously paid by DAA to Fingal County Council in respect of the T2 planning permission.

Advancing the DAA case, Lawlor stated that “there is no increase at all proposed in the scale or nature of permitted capacity of the airport and no requirement for additional public infrastructure or facilities to serve the development.”

Lawlor stated that the permission doesn’t seek to increase the number of passengers going through Dublin or increase the demand for travel.

Lawlor pointed out that the development is essentially replacing on a like for like basis an area where airplanes used to be able to park along Aircraft Park Charlie into a different part of the airport.

Lawlor argued that development contributions charges in respect of the permitted development should be related to floorspace and not to apron areas, which do not have floor area and should not be levied as commercial floor area.

The planning consultant stated that the development of aprons within Dublin Airport are normally considered exempt development under the Planning and Development regulations and hence require no financial contributions.

Lawlor argued if the DAA was compelled to pay financial contributions of the scale demanded “it would impact the feasibility of providing key ancillary airport infrastructure”.