Dublin Airport operator DAA is challenging a decision that it must pay €6.3 million in development contributions to Fingal County Council.
The airport operator has lodged High Court proceedings against An Coimisiún Pleanála, formerly An Bord Pleanála, seeking a judicial review of the latter’s decision that the payments are due in connection with two car parks associated with Terminal 2.
The original 2007 permission for Terminal 2 included a condition that the provision of additional car parking spaces should be the subject of separate planning applications.
Temporary permission for two car parks was subsequently granted and payments of €2.1 million were made to the authority as part of that process by way of an offset agreement.
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However, when the airport operator applied for the permanent continuance of the two car parks in 2018, the planning authority determined that further development contributions were payable. It was eventually decided that the correct amount was €6.3 million.
Proceedings seeking a judicial review of that decision were lodged on Monday.
“The DAA confirms it has initiated judicial review proceedings against An Coimisiún Pleanála,” it said in a statement.
“This is a technical case relating to development contributions for car parks that DAA considers to be ancillary to the airport operation. Ancillary car parks are exempt from development contributions under Fingal County Council’s 2016 Development Contribution Scheme.”
It is understood that after the planning authority decided the payments were due, the council determined the amount that should be paid, after which the airport operator challenged that decision to the planning authority, which ruled against the DAA, leading to the latest twist in the saga.
Earlier this year the planning authority ruled against the DAA after the council refused it planning permission to demolish the spiral ramp linked to the car park at Terminal 1.
The spiral ramp, the authority decided, had a distinctive architectural look typical of the “brutalist period”, it said in its decision.
