Ryanair seeks to overturn decision to let Aer Lingus appeal against maintenance hangar

High Court reporters

The High Court is being asked to overturn a decision permitting Aer Lingus to appeal over Ryanair’s plans for a €40 million aircraft maintenance hangar at Dublin Airport.

Ryanair alleges An Bord Pleanála made errors in giving Aer Lingus leave to appeal Fingal County Council’s December 2023 grant of permission for the hangar, which would facilitate maintenance of about 400 jets per year.

The 120,000sq ft hangar would create more than 200 jobs for engineers and mechanics, according to Ryanair.

Aer Lingus did not lodge a submission on the application when it was before the council. Instead, it applied under section 37(6) of the Planning and Development Act 2000 to lodge appeals.

Ryanair says the board considered that council-imposed conditions to the permission caused the proposed hangar 7 to “differ materially” from what was set out in the planning application. The board determined one of the conditions will materially affect Aer Lingus’s enjoyment of its adjoining land, which contains hangar 6.

In seeking leave to appeal, Aer Lingus argued its aircraft entering and leaving hangar 6 will be restricted, having a “profound negative impact” on operations.

However, in its High Court case, Ryanair contends the board was wrong to conclude that the condition has created a material difference between the permitted development and what was applied for.

It alleges the board erred legally and factually in applying section 37(6) and considered irrelevant matters.

In an affidavit, Ryanair’s deputy director of construction, Adrian Higgins, said delays- past and anticipated- by the appeal are “profound” and will cause “permanent and irreversible damage” to the business.

On Monday, Ryanair’s senior counsel, Martin Hayden, secured High Court permission to progress its case.

It wants the court to quash the board’s order of last February 6th, granting Aer Lingus permission to appeal over the planning permission. The court should also order a pause to the board’s determination of Aer Lingus’s appeal until this court case is resolved, Ryanair says.

In a statement in April 2023, Ryanair said construction of the hangar would begin in the final quarter of 2023, with aircraft maintenance operations planned to begin in early to mid 2025.