Airline anxious over limits on night f lights

Aer Lingus says the plan would devastate its business

AER Lingus has told the High Court that a restriction on night flights would have a devastating impact on its business, and on the Irish economy.

The airline said it had not been notified of an enforcement order from Fingal County Council on the DAA – which operates Dublin Airport – limiting night-time flights at the airport to 65 per day, in response to an alleged breach of planning laws.

Aer Lingus and Ryanair were joined to a case taken by the DAA, as notice parties, on the basis that the outcome would have a significant and direct impact on their operations.

The case has now been paused, pending a decision from An Bord Pleanála regarding a potential move to a new system of arranging night flights according to a noise quota. Before the adjournment was decided upon, Suzanne Murray SC, for Aer Lingus, told the court the Irish airline operated both a short-haul and long-haul network spanning Europe, the UK and North America.

She said: ‘A substantial part of Aer Lingus’s business model is using Dublin Airport as its principal base, which then serves as a hub, which connects its long-haul to its short-haul network. Its connectivity is dependent on Aer Lingus’s space in Dublin Airport, and all of the arrivals and departures between 11pm and 7am… play a disproportionate role in Aer Lingus’s ability to successfully pursue that strategy, and that particular business model.’

She continued: ‘That connectivity is vital to Ireland’s economic and employment prospects, and to the importance of the air transport sector, which supports 140,000 jobs in Ireland and €8.9billion in economic activity.’

The DAA is challenging an enforcement notice issued against it last July by Fingal County Council, for allegedly breaching planning conditions for the airport’s new north runway, limiting flights to 65 per night. It followed complaints about excessive noise from residents living nearby.

Ms Murray said the airline slots were allocated twice yearly, on the basis of a capacity declaration by the Irish Aviation Authority, in accordance with EU rules.

There was a summer and winter co-ordination decision, taking account of technical, operational and environmental constraints, she said. Aer Lingus had not been notified about the 65-flight limit by the council, she said, or served with a copy of the warning letter issued ahead of the enforcement notice. She said airlines had no opportunity to make submissions to the council.

Following Ms Murray’s submissions, the case, which had been due to be heard over five days, was adjourned yesterday.

Judge Richard Humphreys had noted An Bord Pleanála is due to rule before July on planning amendments which could see the end of the contested 65-flight limit, replacing it with a noise quota system for night flights.

The DAA had proposed the new system, which was approved by Fingal County Council but appealed by local residents’ groups. Stephen Dodd SC, for the council, said: ‘Obviously we will have to take stock of the situation when the board makes its decision, and the implications of that will have to be worked out.

‘We just want to reserve our decision in that regard.’ The judge adjourned the case for mention on June 24.

Complaints about excessive noise