The passenger cap at Dublin Airport is a planning condition that was put in place by the planning authority in 2007 as a condition to the construction of Terminal 2 and extension works to Terminal 1, to mitigate surface access constraints around the airport at that time. It is not a targeted climate or environmental measure.
The Programme for Government includes a clear commitment to work with stakeholders to achieve the objective of lifting the passenger cap at Dublin airport as soon as possible.
In line with that commitment, on 10 February this year I secured Government approval for the legislative approach to be taken to address the Dublin Airport passenger cap planning condition and to proceed to the formal drafting of a Bill. The proposed legislative approach which was developed having taken account of extensive legal advice, will empower me, as the Minister for Transport, to make an order to amend or revoke the 32 million passenger cap planning condition.
While no assessments were carried out prior to the preparation of the Bill, I have included provisions that require me to engage with An Coimisiún Pleanála (ACP) in advance of making any order to amend or revoke the passenger cap. ACP will have the ability to screen for and if necessary, carry out a full Environmental Impact Assessment, an assessment under the Habitats Directive and an assessment under the Water Framework Directive. Where full assessments are carried out, public consultation will be undertaken as part of those assessments, and I will take the outcome of those assessments into account when making an order. As such, all of Ireland's obligations under EU law will be met.
Once I have made an order, taking account of any environmental assessments, I will notify Fingal County Council who are designated as the Aircraft Noise Competent Authority (ANCA) under section 3 of the Aircraft Noise (Dublin Airport) Regulation Act 2019. ANCA must take the making of an Order into account when carrying out their functions under the Act of 2019. This means that ANCA may carry out a noise assessment in relation to the making of an Order where it is of the view that such an Order may result in a noise problem.
