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Thursday, 16 Mar 2023
Updated / Thursday, 16 Mar 2023 11:36
Airport operator daa claimed the contribution scheme was not correctly
applied by Fingal council (file image)
The operator of Dublin Airport has successfully challenged a demand by
Fingal County Council for a planning contribution of over €5m for an
extension of aircraft parking facilities at the airport.
An Bord Pleanála ruled the council had incorrectly applied its own
scheme for seeking development contributions when it sought almost
€5.03m from daa to go towards the provision of public infrastructure.
The board upheld an appeal by daa against the decision of Fingal County
Council to attach the contribution payment as a condition of the grant
of planning permission for 12 new aircraft stands at the airport's
north apron.
Daa's plans also include works to allow for the storage of ground
support equipment on a 19.2 hectare site as well as the construction of
a 550-metere service road to provide access for services vehicles to
the new aircraft stands.
The local authority fixed the size of the contribution at €5,028,035
under the Fingal County Development Contribution Scheme 2021-2025 based
on floor area.
However, daa claimed the contribution scheme was not correctly applied
by the council.
It argued that an airport apron provided for the parking, loading,
refuelling, boarding and maintenance of aircraft and was directly
comparable to car parking in terms of land use.
Daa said it was incorrect for Fingal County Council to consider the
apron as building floor space in calculating the size of the
development contribution.
It pointed out that there was no specific category for an airport's
apron in the scheme, while the closest category was ancillary parking
which is exempt from charges.
In addition, daa noted that the council had only applied the
development contribution to buildings and not ancillary areas when it
granted Dublin Port planning permission for Dublin Inland Port - a
depot providing storage for empty containers - at Coldwinters in north
Dublin.
It warned that any requirement to pay financial contributions on the
scale sought by the council would "impact the feasibility of providing
key ancillary airport infrastructure".
Fingal County Council told An Bord Pleanála that it does not make
provision for exempting development of the type proposed by daa from
payment of a contribution.
However, an inspector with An Bord Pleanála said the basis for applying
a contribution under the scheme operating in Fingal County Council was
aggregated floor area in any proposed development.
"This application comprises development which does not include a floor
area and therefore the Development Contribution Scheme does not apply,"
said the inspector.
However, he said daa could not rely on comparing the parking of
aircraft to cars to escape the implications of the scheme as well as
certain exemptions.
An Bord Pleanála directed the council to remove the condition seeking
the €5m-plus contribution on the basis it had incorrectly applied the
scheme.