independent

Saturday 23 September 2017

Legal challenges launch against North Runway

The daa is planning to build a new runway at Dublin Airport
The daa is planning to build a new runway at Dublin Airport

John Manning

Two separate legal actions are being taken but residents in St Margaret's against the development of a new runway at Dublin Airport.

The St Margaret's Concerned Residents group are seeking an injunction under section 160 of the Planning and Development Act and it is understood the action is centred around local concerns about waste management procedures put in place by the daa for the construction phase of the €320 million North Runway project.

Separately, a list of 22 named residents from St Margaret's which also includes members of the St Margaret's Concerned Residents group, are seeking a judicial review of Fingal County Council's granting a five-year extension to the planning permission for the new runway.

It is understood the residents are challenging the process by which these kind of planning permission time extensions are granted.

Senior Counsel for the residents, John Rogers has told the High Court that he would argue certain statutory provisions were not satisfied in the application for the time-extension.

The residents application for a judical review of that process pre-dates the decision of Fingal County Council to grant a five-year extension to the planning permission, last week.

In that decision the council listed a number of reasons why it judged it was acceptable to extend the planning permission for the runway by five years.

Council planners said the application was made more than a year before the current planning permission runs out and that construction on the project had begun. The council also judged that there were 'commercial and economic' factors outside the control of the daa that meant the project could not be completed within its original 10-year planning permission period.

The local authority also said there had been no significant changes to the project since it was first granted permission and that it was not 'inconsistent with the proper and sustainable development of the area'.

The Fingal Independent contacted Helena Merriman, chairperson of the St Margaret's Concerned Residents to ask why the residents had decided to take these two separate actions in the High Court but Ms Merriman declined to comment on either case, saying the residents' legal team had advised them not to talk to the media while the cases are live before the courts.

She did confirm however, that members of the group, including herself were attached to both actions.

A daa spokesperson also declined to comment on the challenges to the new runway while the cases were before the High Court.

The Fingal Independent understands that both cases will be before the High Court again this Thursday. The judicial review case is being taken against Fingal County Council, the State and the Attorney General while the injunction case is being taken against the daa.

The St Margaret's Concerned Residents Group represent a number of residents living close to the runway.

Fingal Independent

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