Ryanair has indicated in the High Court that it will seek amendments to a judgment dismissing the airline’s challenge to plans for a proposed €200 million underground cargo tunnel at Dublin Airport.
John Kenny, BL, appearing for the airline, said on Monday that, based on their contention that there was a material error in Mr Justice Richard Humphreys’ judgment, they were seeking to have it reopened.
Mr Justice Humphreys said that he would hear Ryanair’s application to reopen the judgment next week.
Earlier in February, the judge dismissed the airline’s appeal to An Bord Pleanála’s decision to approve airport operator DAA’s 1.1km tunnel, which is to run beneath the “crosswind” runway.
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Ryanair’s challenge was grounded in the claim that the board’s permission was in breach of the European Commission’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.
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Mr Justice Humphreys rejected this argument, stating that the airline didn’t demonstrate any factual basis that the project “could have jeopardised the attainment of good water status”.
The airline also maintained in its challenge that 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.
While the judge said he tended to agree with parts of the Ryanair’s argument on this point, he said the airline relied on Section 37(2) of the Planning and Development Act 2000 in making this argument, a subsection that he said does not 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, asking the High Court to quash the decision. DAA was a notice party in the proceedings.
The DAA has said the proposed tunnel is needed to improve access and safety on the airfield and to facilitate segregation of aircraft and ground vehicles.
