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Fingal shock ruling says Dublin Airport application to lift passenger cap is ‘invalid’

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The current cap, which was originally imposed as a planning condition in 2007 related to the construction of Terminal 2, is 32 million.

The DAA submitted an application to lift the numbers through the airport to 36 million per year on December 20. It is one of a number of connected planning applications related to the airport including a separate more substantial filing that would see the cap lifted to 40 million a year as part of an expansion of facilities – that filing alone runs to around 7,000 pages including 700 drawings and has been with planners for more than a year. It involves around €2.4bn worth of infrastructure upgrades that also have to be considered by council officials

The more restricted application to simply increase the numbers permitted at the airport using the existing facilities was filed three weeks ago.

The submission made to Fingal County Council is a standalone application that involves no other elements such as capital investment.

The DAA confirmed it was submitting the ‘no-build’ application and hoped it would expedite a decision purely on the issue of the passenger cap and provide a short-term solution to the terminal-cap impasse impacting Ireland’s connectivity, tourism and economy.

However, in a response published on Tuesday Fingal blasted the airport operator’s application as “inadequate and misleading”.

“The Planning Authority has informed the DAA that their application to raise the capacity of Dublin Airport to 36 million passengers per annum is invalid,” it said in a public notice.

“The application (F24A/1178E) is invalid because it fails to comply with Article 18(1)(d), Article 19(1)(a), and Article 22 of the Planning and Development Regulations 2001 (as amended). It is also invalid because the proposed description of the development in the public notices is non-compliant with the relevant regulations and is inadequate and misleading,” it said.

Today’s News in 90 Seconds – January 14th

“It is a matter of great concern to the Planning Authority that such a significant planning application is invalid. Pre-planning is available to assist applicants but did not take place for this application,” the planning authority said.

The shock move and strong language is likely to cause consternation not only for DAA but to the incoming Government, which is made up of parties committed to lifting the airport cap. However, the decision to reject the planning application does not affect the more substantial application for an even bigger increase in passenger numbers that the same planning authority is already assessing.

Even so, the move will inevitably reignite questions over whether the local authority, headed by CEO AnnMarie Farrelly, is best suited to manage planning issues for what is national infrastructure.

Fingal CEO AnnMarie Farrelly

Under the more substantial infrastructure application submitted last year, the DAA has applied for a 15-year permission to build a suite of 11 distinct infrastructure projects at Dublin Airport and the surrounding area, and to increase the passenger capacity to 40 million passengers a year.

The infrastructure projects include the expansion of the north and south aprons to accommodate extra aircraft and the expansion of the check-in and passenger services area within Terminal 1, which includes the relocation of the existing security area. There are also three infrastructure projects on the airfield, and five relating to airport access and parking.

The documentation submitted in December last year by the DAA ran to over 7,000 pages and almost 700 drawings. Last month, Fingal County Council received a further 12,000 pages and 200 drawings from the agency following a request for additional information.

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