Dublin airport 36m passenger application IS valid under King’s Inn’s law manual, according to Dublin airport management daa.
The authority has responded to Fingal Council’s media statement saying validation of the application was confirmed via email on January 6 and acknowledged in a letter on December 23.
DAA says that the King’s Inns law manual states that acknowledgment by a planning authority guarantees validation of an application.
In a media statement released at 18.00 on January 14, Fingal County Council declared daa’s application to raise the annual passenger cap to 36m as invalid. Other comments to the media followed from Fingal councillors.
Daa CEO Kenny Jacobs shared: “Everyone recognises the need to urgently resolve the Dublin Airport planning cap issue. We respect that Fingal council has a job to do but declaring daa’s application to increase the cap to 36 million a year as invalid after twice confirming it was valid shows the inconsistent approach of Fingal council’s planners (see attached confirmation of validity from Fingal council’s planning department). We also refute the reasons given for declaring a 1,000-plus page application as misleading.
“The suggestion that daa had not discussed the application with Fingal council is wrong. daa engages extensively with Fingal council on all planning matters and had more than 30 meetings with them last year. daa’s leadership and planning team dedicate immense time, effort, expertise and resources to our planning applications and have a track record of successful applications like Terminal 2, the North Runway and the airport underpass. We also partner with highly experienced planning, environmental and legal consultants to ensure our applications robustly meet the requirements of the planning system.
“These are not simple matters: many of daa’s planning applications are large and complex, both from a technical and planning perspective, and from a regulatory and environmental assessment perspective at both national and EU level. While the ‘no build’ application to increase to 36 million had some complexity, the purpose was simple; to find a short-term solution to the planning cap impasse while Fingal council gets on with evaluating the bigger 40-million application lodged in 2023. The original idea to apply for 36 million rather than 40 million came from Fingal council, and government and other stakeholders have consistently supported the idea to lodge a ‘no build’ application.
“daa does not think it’s bigger than planning but we do want the planning regime to be big enough and agile enough to deal with planning applications that are critical to national infrastructure and the economy as Dublin Airport is. This is why we believe evaluating complex aviation matters should be decided at a national level and are calling on the new government to urgently reclassify Dublin Airport as strategic national infrastructure in the national interest. Planning for the most important transportation assets is too important to become a game of ‘Snakes & Ladders’ where planners keep moving the goalposts. In the meantime, we will continue to engage with Fingal council to try to find a solution to this impasse.”
A wriiten statement from DAA states: Wednesday, January 15, 2025: Dublin Airport’s 32 million terminals passenger cap restriction is an issue of national importance that needs to be urgently resolved. daa is calling on planners to take a pragmatic and proactive approach so that Ireland doesn’t lose vital connectivity, jobs, tourism, and economic growth opportunities over the years ahead.
Operational Application
daa’s submission to Fingal council in December of a ‘no build’ operational application (OA) to increase the passenger cap to 36 million was intended as a short-term solution. As the application did not seek permission to build any infrastructure, daa hoped that it could move swiftly through the planning system. This approach was supported by government and other stakeholders, who requested daa make the submission. The original idea to submit for 36 million rather than 40 million came from Fingal council and daa discussed the application with Fingal council at numerous meetings. Despite being a ‘no build’ application, the application was comprehensive and ran to more than 1,000 pages (1,353 pages).
daa strongly rejects Fingal council’s statement that daa’s application was confusing or misleading. For example, Fingal council has said that one of the reasons for the rejection was the way passengers are counted in the OA. The 32-million condition imposed by ABP in 2007 related to surface access and the number of passengers permitted to enter the terminals every year. The OA seeks permission to increase the total number of passengers passing through Dublin Airport – whether through the terminal doors, transiting or transferring or using another part of the airport outside of the main terminals – to 36 million a year. This is known as ‘aviation count’ and standardises how we count passengers. This is clearly explained in the OA and should not be a reason for declaring the OA invalid.
Another reason Fingal council said the OA was invalid is that the application was linked with the outcome of the separate North Runway Relevant Action (NRRA), which is currently with An Bord Pleanála and awaiting a final regulatory decision after more than four years in process. daa purposely proposed the OA would only become effective following the outcome of the NRRA so that Fingal council could have confidence that any operating restrictions and noise mitigations deemed appropriate by ABP in that application, would also apply to the proposed passenger growth to 36 million per year. This should not be a reason to deem the application invalid.
Infrastructure Application
The OA is additional to daa’s Infrastructure Application (IA) to increase the terminals cap to 40 million a year and deliver €2.4bn of investment in critical infrastructure and sustainability improvements at Dublin Airport. Lodged on December 15, 2023, the application totalled 7,000 pages and 700 technical drawings, and was Ireland’s largest planning application in 2023.
Despite numerous pre-planning meetings on the IA in 2023, Fingal council subsequently requested 85 items of further information, totalling 415 subqueries, and commented that the IA was ‘premature’. Given the complexity of the legislative and regulatory regime governing the aviation sector and Ireland’s planning system, as well as EU regulatory requirements, further queries were not unexpected. Commentators who suggest that a request for further information means daa’s applications are poor are ill-informed and show a lack of understanding of the complexity of the planning regime.
Dublin Airport needs to be reclassified as strategic national infrastructure
The reality is that many of daa’s planning applications are by necessity large and complex. This can present challenges, as was demonstrated in 2019 when daa first lodged an application to increase the passenger cap but was asked by Fingal council to withdraw the application as Fingal council was already evaluating daa’s application to change operating conditions on the new North Runway.
With the benefit of hindsight, daa regrets agreeing to withdraw the application. However, rather than trying to point the finger of blame, everyone would be better served at this stage being focused and thinking proactively about getting the passenger cap lifted, ensuring Ireland doesn’t lose vital connectivity, jobs, tourism and economic growth opportunities over the years ahead.
daa is calling on government to reclassify Dublin Airport as strategic national infrastructure, as it was until 2019, in the national interest given Dublin Airport’s importance and contribution to Ireland’s economy and connectivity. In the meantime, daa will continue to engage with Fingal council to try to find a solution to the planning bottleneck.
- Fingal council’s statement is available here: Dublin Airport application for 36m passengers is invalid | Fingal County Council
