Last month, Fingal County Council issued an enforcement notice against the daa, for allegedly breaching the terms of planning permission obtained in respect of the airport's north runway.
THE DUBLIN AIRPORT Authority has secured a temporary High Court stay on a decision it claims will force it to significantly reduce the number of night-time flights going to and from the airport.
The judge, after a lengthy and detailed hearing, also granted the daa a stay on the notice coming into effect, however the judge said Fingal County Council can come to court on 48 hours’ notice to the daa and seek to have the stay either removed or varied. The council issued the notice on the grounds that the number of flights scheduled by the airport exceeds the terms of a planning condition that no more than an average of 65 flights per day over a given period can operate from the runway between 11pm and 7am.Any failure to do so would result in the daa facing criminal sanctions.It has launched High Court proceedings where it claims that the notice has been issued in breach of fair procedures.
The daa’s counsel Fintan Valentine told the court that the refusal to provide this report, so the daa can fully understand the basis for the notice, is a clear breach of fair procedures and constitutional justice. The stay is to remain in place pending the outcome of the full hearing of the dispute, The matter was made returnable to a date in November.Mr Valentine SC appearing with Aoife Carroll Bl instructed by Mathesons Solicitors said that the notice has been invalidated on several grounds as well as the council’s failure to provide his client with the planning report.
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