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Planning authority’s designation of stricter airport noise insulation standards set aside as exclusive statutory powers upheld
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The Court of Appeal dismissed an appeal by two environmental NGOs against a High Court decision that upheld a Ministerial order requiring the removal of a planning objective (PA CH 8.1) from a development plan, which would have imposed stricter noise insulation standards at an airport than those set by the relevant statutory authority. The court affirmed that the power to determine noise mitigation measures for airport developments lies exclusively with the designated competent authority, not with elected council members via development plans. The judgment found that administrative errors concerning document wording were immaterial and that the Minister was not required to address every submission made in the consultation process, provided relevant submissions were considered. The court concluded that the disputed planning objective would have created legal inconsistency with the regulatory framework, undermined the application of a balanced approach to noise management, and encroached on exclusive statutory powers.
ministerial direction – development plan – airport noise mitigation – planning authority – environmental NGO – noise insulation scheme – balanced approach – judicial review – exclusive statutory competence – Planning and Development Act 2000 – Aircraft Noise (Dublin Airport) Regulation Act 2019 – Regulation (EU) 598/2014 – National Planning Framework – public consultation – duty to give reasons – error on the face of the record – standing (jus tertii) – appeal dismissed
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