The airline also complains that the loss of two aircraft stands, as a result of the project, contradicts the Dublin Airport Local Area Plan.
It wants the court to overturn the planning board’s decision to approve DAA’s 1.1km tunnel, which is to run beneath the “crosswinds” runway. DAA has said the tunnel is needed to improve access and safety on the airfield and to facilitate segregation of aircraft and ground vehicles.
In its legal papers, Ryanair says it has identified that about 80,000 tonnes of CO2 equivalent will be generated during construction of the underpass, with more emissions created during its operation.
In assessing the plan proposed by the operator of Dublin Airport, An Bord Pleanála failed to adequately consider the 2023 Climate Action Plan of 2023 or how this project fits into the Government-imposed caps on emissions from particular sectors, Ryanair alleges.
Ryanair further alleges the board did not recognise that the proposed development is inconsistent with the Dublin Airport Local Area Plan, as it requires the loss of two aircraft stands.
An Bord Pleanála’s inspector noted aircraft operations will be constrained during construction and until replacement stands are provided. The inspector said this is “clearly a significant issue for aircraft operators” but the “short-term” reduction in stands is not a reason to refuse permission.
Ryanair says there has been no more than an “expressed hope or intention” to relocate these stands after a separate application for planning permission is made. Therefore, it says, there was no evidence before the board that the loss of stands would be for only a short period.
The project’s effects on protected bats and nearby waterways was not properly assessed, the firm further claims.
It says the permission came in breach of Europe’s Water Framework Directive, which aims to protect water quality and corresponding Irish regulations, as the appeals board did not ensure the project would not jeopardise the status of a body of surface water.
It is also seeking a declaration that it is protected from having to pay its opponents’ legal costs as its case contains particular environmental claims.
The airline, through its senior counsel Martin Hayden, on Monday secured permission from Mr Justice Richard Humphreys to pursue its claim through the court. The case will return on July 8.
An Bord Pleanála’s decision of April 17 upheld a grant of permission by Fingal County Council, which was appealed by Ryanair and a north-Dublin based residents’ group called SMTW Environmental DAC.
DAA also successfully appealed against five conditions attached to the permission that it claimed was “unreasonable and overly onerous”
