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Runway case in October

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The daa is seeking to build the new runway to accommodate rising passenger numbers.

The daa is seeking to build the new runway to accommodate rising passenger numbers.

The daa is seeking to build the new runway to accommodate rising passenger numbers.

fingalindependent

Two actions taken by residents in St Margaret's affected by the planned construction of a new runway at Dublin Airport will be switched to the Commercial Court for a hearing in October.

One action is being taken by 22 residents from the area and the other by the St Margaret's Concerned Residents group, which has those individuals as members.

The first action is against Fingal County Council and the State with the daa named as a notice party, which challenges the legality of the extension of the planning permission for the runway, granted by the council. The residents are seeking judicial review of that decision.

The second is against the daa and seeks an injunction against the project and centres around the residents concerns over waste management procedures put in place by the daa for the construction phase of the giant project.

Following a successful application to the High Court from the daa, the case will now be heard in the Commercial Court and a date of October 3 has been set for that hearing.

The St Margaret's residents are alleging that the development is illegal because the council failed to consider the affect on their homes from the project, before granting the extension of planning permission.

It is understood the residents are arguing that their homes are effectively being compulsorily purchased because the development will make the homes uninhabitable and the compensation deal for moving out will not allow them buy a 'like for like' replacement.

The daa have offered to value the homes as if the runway proposal does not exist and then add a premium on top of that market value.

A five-year extension of the planning permission for the €320 million runway was granted by Fingal County Council in March. The original planning permission for the runway was due to expire this August.

Legal representatives for the residents objected to the case being transferred to the Commercial Court but the move was granted by Mr Justice Brian McGovern, last week.

None of the sides in the actions, the residents, the council or the daa are willing to comment about the case and will have no comment to make until the legal actions are completed.

The end of last year brought the beginning of the first phase of construction works for the new runway after the daa complied with all of the project's pre-commencement conditions to the satisfaction of Fingal County Council.

The first phase of the project, will last for about eight months.

Planning permission for the new 3.1km runway, which is located 1.7 km north of the existing main runway at Dublin Airport, was originally granted in August 2007, but the project was subsequently put on hold for a period due to the economic downturn. With passenger numbers rising sharply again at the airport, the project was revived.


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