Thursday, 16 Mar 2023
Updated / Thursday, 16 Mar 2023 20:27
The condition was one of 11 conditions attached to the grant of
permission for the extension to the North Apron
The operator of Dublin Airport, daa, has won a battle with Fingal
County Council concerning the council's demand that it pay €5m in
planning contributions.
This follows an An Bord Pleanála ruling that the condition attached to
an airport related planning permission demanding the payment of €5m by
daa towards the provision of public infrastructure be removed.
permission to daa for the extension to the North Apron of Dublin
Airport.
The proposed development is intended to replace airport parking for 13
aircraft lost from Aircraft Park Charlie due to the works on the North
Runway.
In its ruling, the appeals board has determined that the Council's
Development Contribution Scheme does not apply to the development and
has not been correctly applied in this instance.
The board ruled that the proposed development comprises an open apron
extension and servicing area within the airport complex and does not
include any building or associated floor area.
The appeals board stated that the Council’s Development Contribution
Scheme does not apply to any category of development that does not
contain floor area.
In the appeal lodged to An Bord Pleanála by daa against the condition,
consultants Tom Phillips & Associates contended that Fingal County
Council erred in imposing the condition concerning 60,484 sq metres of
pavement works of the apron area at the airport.
The Council made the €5m demand after imposing a charge of €83.13 per
metre for the 60,484m of airport apron.
In the appeal, director at Tom Phillips, Gavin Lawlor, asked the
appeals board to remove the condition containing the €5m demand and
waive any financial contributions.
Mr Lawlor has told the appeals board that Fingal County Council
incorrectly applied its own Development Contribution Scheme when
seeking the €5m as no commercial buildings are proposed as part of the
development.
Mr Lawlor stated that as a result it is inappropriate to charge
commercial rates for this form of development.
Mr Lawlor also argued that the €5m financial contribution doesn’t apply
as the extension to the North Apron is ancillary to the function of the
airport terminals, runways and other buildings which have already been
subject to financial contributions in previous planning permissions.
The appeal stated that €11.6m was previously paid by daa to Fingal
County Council in respect of the T2 planning permission.
Advancing the daa case, Mr Lawlor stated that "there is no increase at
all proposed in the scale or nature of permitted capacity of the
airport and no requirement for additional public infrastructure or
facilities to serve the development."
Mr Lawlor stated that the permission doesn’t seek to increase the
number of passengers going through Dublin or increase the demand for
travel.
Mr Lawlor pointed out that the development is essentially replacing on
a like for like basis an area where airplanes used to be able to park
along Aircraft Park Charlie into a different part of the airport.
Mr Lawlor argued that development contributions charges in respect of
the permitted development should be related to floorspace and not to
apron areas, which do not have floor area and should not be levied as
commercial floor area.
The planning consultant stated that the development of aprons within
Dublin Airport are normally considered exempt development under the
Planning and Development regulations and hence require no financial
contributions.
Mr Lawlor argued if the daa was compelled to pay financial
contributions of the scale demanded "it would impact the feasibility of
providing key ancillary airport infrastructure".