Ryanair’s legal challenge against An Bord Pleanála’s approval of a €200 million cargo tunnel at Dublin Airport has been dismissed by the High Court. The airline had argued that the project would negatively impact water quality, bat populations, and the Dublin Airport Local Area Plan. However, the judge rejected these claims, stating that Ryanair failed to provide sufficient evidence to support them.
Ryanair dropped claims related to the Government’s 2023 Climate Action Plan and carbon emission limits in its failed High Court challenge against An Bord Pleanála ’s decision to approve a €200 million underground cargo tunnel at Dublin Airport . The airline also withdrew its argument that the board didn’t adequately assess the impact of the Dublin Airport Authority’s (DAA) development on bat populations.
Ryanair’s remaining argument centered on the claim that the board’s permission violated the European Commission’s Water Framework Directive, which aims to protect water quality and corresponding Irish regulations, as the appeals board didn’t ensure the project wouldn’t jeopardize the status of a body of surface water. Mr. Justice Humphreys rejected this argument, stating that Ryanair failed to demonstrate any factual basis that the project “could have jeopardized the attainment of good water status”. The judge also noted that a suggestion that under the Water Framework Directive, any planning permission granted must positively contribute to “the restoration of good status to any relevant water bodies lacks any authority whatsoever and is clearly unworkable”. “A vast number of projects won’t contribute positively to water quality: the directive only requires that they don’t make things worse,” he said. The airline also argued that the board didn’t recognize the development’s inconsistency with the Dublin Airport Local Area Plan, as it requires the loss of two aircraft stands. An Bord Pleanála’s inspector noted that aircraft operations would be constrained during construction and until replacement stands are provided. The inspector acknowledged this as “clearly a significant issue for aircraft operators” but stated that the “short-term” reduction in stands isn’t a reason to refuse permission. Ryanair maintained there had been no more than an “expressed hope or intention” to relocate these stands after a separate application for planning permission is made. Based on this, it argued there was no evidence before the board that the loss of stands would be temporary. While the judge agreed with parts of Ryanair’s argument on this point, he stated the airline relied on Section 37(2) of the Planning and Development Act 2000, a subsection he said doesn’t apply to cases of material contravention of local area plans. Ryanair initiated the proceedings against An Bord Pleanála’s decision on the development in June 2024, seeking to quash the decision in the High Court. DAA was a notice party in the proceedings. The DAA’s proposed 1.1km tunnel is to run beneath the “crosswind” runway. The operator has stated the tunnel is necessary to improve access and safety at the airfield and to facilitate the segregation of aircraft and ground vehicles
Ryanair Dublin Airport Cargo Tunnel An Bord Pleanála Water Framework Directive High Court
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