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One a day Live

Group likely to appeal court's dismissal of legal challenges to new Dublin Airport runway

By Ann O’Loughlin

The High Court’s dismissal of legal challenges against plans for a new €320m runway at Dublin Airport are likely to be appealed.

Last month Mr Justice Max Barrett dismissed three actions concerning the proposed development of a 3,110m runway, located on 261 hectares in townlands north and north west of the airport terminal building.

The second runway has been deemed vital by parties including the Dublin Airport Authority to proposals to turn the airport into an international hub.

The challenges arose over Fingal Co Council’s decision to extend the length of planning permission granted to the DAA to construct a second runway at the airport.

Yesterday lawyers representing 22 individual residents - most with addresses at Kilreesk Lane, St Margaret’s, Co Dublin said the group will seek to appeal the court’s dismissal of their arguments including that the development was illegal and that Fingal Council failed to consider or address their concerns about its effect on their homes and lands.

The group will ask Mr Justice Barrett for permission to have its appeal heard by the Court of Appeal in an application that will be heard later this month.

In addition counsel for Environmental Group Friends of the Irish Environment whose said they are provisionally, pending a confirmation from their client, seeking to appeal the dismissal of its arguments that the proposed runway would result in additional greenhouse gas emissions which will increase the pace of climate change.

The Judge did accept the group’s argument there is a constitutional right to an environment.

However he held it did not arise in circumstances where the group was not entitled to participate in the decision extending permission for the runway.

Lawyers for the State said if the group goes ahead with an appeal it may seek to appeal certain aspect of the High Court’s decision in relation to the environmental group’s action.

The St Margaret’s Concerned Residents Group whose challenge against the DAA was also dismissed by the Judge, have yet to inform the High Court if it intends to appeal.

The group had claimed certain pre-construction works carried out in December 2016 on the proposed new runway by the DAA amounted to unauthorised development.