Aer Lingus has applied to the High Court for judicial review of an “excessive and entirely unnecessary” planning decision that limits night flights at Dublin Airport to 35,672 a year.
The move follows a similar application by Ryanair on Tuesday. It is understood the application is separate to Ryanair’s. However, it is likely both will be dealt with in parallel by the court.
An Coimisiún Pleanála, the planning appeals board, said in July it would extend the night-time hours in which the airport could operate from its new north runway to between 6am and midnight. Previously, there had been a ban on landing or taking off from that runway between 11pm and 7am.
The decision means the average number of flights allowed through the airport’s two runways between 11pm and 7am increased to 98 from 65 a day. However, this was made subject to an annual limit on night flights of 35,672.
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Aer Lingus confirmed on Thursday it has filed an application to the High Court for leave to appeal the decision relating to the night-time operating conditions at Dublin Airport. It said it took the move following “a detailed review” of An Coimisiún Pleanála’s decision.
The ruling, it argued, “undermines the modern noise quota system” proposed by the Aircraft Noise Competent Authority (Anca), which had rejected a movement cap in favour of a night-time noise quota system.
The airline said the Anca proposal “balances the interests of residents and the airport”. “The noise quota system incentivises airlines to operate quieter and more fuel-efficient aircraft, but such an incentive will disappear once the movement cap that is in the An Coimisiún Pleanála decision is reached,” it said.
“Aer Lingus believes that the noise quota system is a comprehensive and modern solution to deal with the issue of night-time noise and that the addition of the movement restriction was excessive and entirely unnecessary and was adopted without prior consultation.
“In addition, An Coimisiún Pleanála has not followed the required legislative process in its decision to implement the annual aircraft movement cap.”
The airline added the movement restriction was likely to restrict future growth of north Atlantic traffic “and the basing of short-haul aircraft in Dublin, with consequent negative economic and employment impacts”.
In its application, Ryanair had said the ruling by An Coimisiún Pleanála, amounted to “an illegal second movements cap” at the facility.
DAA, the airport’s operator, has said it will not join the proceedings for fear of creating further logjam in the courts that would hold up its separate bid for new infrastructure at the facility.
Separately, the St Margaret’s–The Ward Residents Group is challenging the same An Coimisiún Pleanála ruling over the expansion in the number of night-time flights allowed at the airport.
The group claimed the decision only served the interests of airlines and would cause “serious harm” to residents through sleep disturbance and “long-term health impacts linked to chronic aircraft noise exposure”.
