Aircraft Noise (Dublin Airport) Regulation Act 2019
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Amendment of Act of 2000 - insertion of sections 37R and 37S | ||
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12. The Act of 2000 is amended by the insertion of the following sections after section 37Q: | ||
“Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1) which were not refused by virtue of section 34B(5) or 34C(5) | ||
37R. (1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where, pursuant to section 34B(15) or 34C(16), that decision incorporates a regulatory decision of the competent authority under section 34B(13)(a) or 34C(14)(a), as the case may be. | ||
(b) The competent authority shall be a party to the appeal notwithstanding section 34B(15)(b) or 34C(16)(b). | ||
(2) For the purposes of a relevant appeal, the reference in section 37(1) to ‘any person who made submissions or observations in writing in relation to the planning application to the planning authority’ includes any person who made submissions or observations in writing referred to in section 34B(11)(c) or 34C(12)(c) to the competent authority in relation to the draft regulatory decision or related report referred to in section 34B(9) or (10), as the case may be, or section 34C(10) or (11), as the case may be. | ||
(3) (a) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the Board’s consideration of the relevant appeal as if any reference to the competent authority in those subsections were a reference to the Board. | ||
(b) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions forming part of the Board’s consideration of the relevant appeal as those subsections apply to measures and restrictions referred to in those subsections. | ||
(c) The Board may, in its decision on the relevant appeal and its related report (subsection (7)(a)), accept or reject all or any part of either or both— | ||
(i) the relevant regulatory decision the subject of the appeal, or | ||
(ii) the report prepared under section 34B(10) and revised under section 34B(13)(b), or prepared under section 34C(11) and revised under section 34C(14)(b), as appropriate, which relates to such relevant regulatory decision. | ||
(4) (a) Paragraphs (b) and (c) apply where the Board is considering, in its determination of the relevant appeal in so far as the appeal relates to the relevant regulatory decision, adopting noise mitigation measures or operating restrictions (if any), or a combination thereof, which were not, during the process that gave rise to the relevant regulatory decision, the subject of previous consultation conducted by the competent authority pursuant to section 34B or 34C, as the case may be. | ||
(b) Subsection (12) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the Board and the decision it is minded to make on the relevant appeal as if any reference to the competent authority in that subsection were a reference to the Board and as if any reference in that subsection to the draft regulatory decision were a reference to the decision that the Board is minded to make on the relevant appeal. | ||
(c) The Board shall— | ||
(i) publish on its website a draft of the decision it is minded to make on the relevant appeal in so far as the decision relates to the relevant regulatory decision— | ||
(I) identifying all the noise mitigation measures and operating restrictions (if any) proposed to be adopted by the Board and not just such measures and restrictions (if any) referred to in paragraph (a), and | ||
(II) stating, at a minimum, the Board’s reasons for the draft decision and having annexed to it the related report (subsection (4)(b)), | ||
and | ||
(ii) on the same date as complying with subparagraph (i) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper— | ||
(I) stating that the Board has made a draft decision under paragraph (c)(i) on the relevant appeal in so far as the appeal relates to the relevant regulatory decision and prepared the related report (subsection (4)(b)), | ||
(II) stating particulars of how persons may view or otherwise have access to the draft decision and related report (subsection (4)(b)) (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the Board during office hours), | ||
(III) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft decision (including any annex thereto) before the expiration of 14 weeks beginning on the date on which the notice was so published in the national newspaper, and | ||
(IV) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent. | ||
(5) (a) The Board shall, as soon as is practicable after it complies with subsection (4), give each of the appellant and the other parties to the relevant appeal a copy of the draft decision referred to in subsection (4)(c)(i). | ||
(b) For the avoidance of doubt, it is hereby declared that the appellant and the other parties to the relevant appeal may each make submissions or observations referred to in subsection (4)(c)(ii)(II) in accordance with that subsection. | ||
(6) (a) Where subsection (4) applies, the Board shall, as soon as is practicable after it complies with paragraph (c) of that subsection, by notice in writing direct the airport authority to— | ||
(i) engage in discussions with the Irish Aviation Authority and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft decision referred to in subsection (4)(c)(i), and | ||
(ii) inform the Board of the outcome of those discussions before the expiration of the 14 weeks referred to in subsection (4)(c)(ii)(II). | ||
(b) The airport authority shall comply with a direction given to it under paragraph (a). | ||
(7) The Board shall, as soon as is practicable after it makes a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision— | ||
(a) publish on its website the first-mentioned decision, in so far as it so relates, to which is annexed a report prepared by the Board in relation to such decision stating the Board’s reasons for such decision and including therein— | ||
(i) such of the matters referred to in paragraphs (a) to (j) of subsection (10) of section 34B or paragraphs (a) to (j) of subsection (11) of section 34C, as the case may be, as are appropriate (which inclusion may be achieved, at the Board’s discretion, by the adoption by it of any part of the report concerned referred to in subsection (3)(c)(ii)), and | ||
(ii) if subsection (4) applies, the related report (subsection (4)(b)) revised by the Board to take into account all documents, submissions or observations (if any), and such other information, given to it pursuant to a provision of this section and to take into account the first-mentioned decision in so far as it so relates, | ||
(b) on the same date as complying with paragraph (a) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper stating— | ||
(i) that it has made a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision, | ||
(ii) particulars of how persons may view or otherwise have access to such decision (including any annex thereto) in so far as it so relates (which shall include being able to view the decision, or purchase a copy of the decision at a reasonable cost, at the offices of the Board during office hours), and | ||
(iii) that a person may question the validity of the Board’s decision on the relevant appeal (including such decision in so far as it relates to the relevant regulatory decision) by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with section 50, | ||
(c) send a copy of such decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the appellant, the other parties to the relevant appeal and (if the airport authority is neither the appellant nor another party to the relevant appeal) the airport authority, and | ||
(d) if subsection (4) applied, send a copy of such decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the return addresses of the persons who have made submissions or observations referred to in subsection (4)(c)(ii)(II) in accordance with that subsection on the draft decision concerned. | ||
(8) Where the Board has failed to make a decision under section 37 as read with this section in relation to the relevant appeal within the period it is required to do so by a provision of this Act and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Board shall nevertheless proceed to make such decision and the decision so made shall be considered to have been made under section 37 notwithstanding such failure. | ||
(9) Subject to subsection (10), a noise mitigation measure to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision shall— | ||
(a) come into effect on the day immediately following the day on which, pursuant to subsection (7), that first-mentioned decision is published on the website of the Board, and | ||
(b) after coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the Board. | ||
(10) The Board may, by notice published on its website on the same date as the decision first-mentioned in subsection (9) is, pursuant to subsection (7), also so published— | ||
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and | ||
(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect. | ||
(11) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the Board shall, in relation to an operating restriction to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision, take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction. | ||
(12) Subject to subsection (13), an operating restriction to which subsection (11) applies shall— | ||
(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and | ||
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body. | ||
(13) The Board may, by notice published on its website at any time before the day first-mentioned in subsection (12)(a)— | ||
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction to which subsection (12) applies, and | ||
(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect. | ||
(14) In this section— | ||
‘related report (subsection (4)(b))’ means the report (if any) prepared by the Board pursuant to subsection (4)(b); | ||
‘related report (subsection (7)(a))’ means the report prepared by the Board pursuant to subsection (7)(a); | ||
‘relevant appeal’ means an appeal referred to in subsection (1)(a); | ||
‘relevant regulatory decision’, in relation to a relevant appeal, means the relevant regulatory decision referred to in subsection (1) which is incorporated into the planning authority’s decision under section 34 that is the subject of the relevant appeal. | ||
Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1) | ||
37S. (1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where— | ||
(i) pursuant to section 34B(1)(a), the competent authority concludes that it is not of the opinion referred to in section 34B(1)(a)(iii), or | ||
(ii) pursuant to section 34B(5) or 34C(5), that decision is to refuse the application concerned. | ||
(b) The competent authority shall be a party to the appeal notwithstanding section 34B(5)(d) or 34C(5)(d). | ||
(2) Without prejudice to the generality of the Board’s powers under section 37, or under section 37 as read with any other provision of this Act, the Board shall, in determining the appeal— | ||
(a) where subsection (1)(a)(i) applies, take into account such of the provisions of section 34B following subsection (1) of such section 34B, and of section 26 (b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal, | ||
(b) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34B(5), take account of such of the provisions of section 34B following subsection (5) of such section 34B, and of section 26 (b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal, or | ||
(c) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34C(5), take account of such of the provisions of section 34C following subsection (5) of such section 34C, and of section 26 (b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal. | ||
(3) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to— | ||
(a) the Board’s consideration of the appeal in so far as such consideration relates to— | ||
(i) a conclusion referred to in subsection (1)(a)(i), or | ||
(ii) a refusal referred to in subsection (1)(a)(ii), | ||
and | ||
(b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a), | ||
as if any reference to the competent authority in those subsections (1) to (3) of that section 9 were a reference to the Board. | ||
(4) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions forming part of the Board’s consideration of the appeal as those subsections apply to measures and restrictions referred to in those subsections. | ||
(5) Subsection (12) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to— | ||
(a) the Board and the decision it is minded to make on the appeal in so far as such decision relates to— | ||
(i) a conclusion referred to in subsection (1)(a)(i), or | ||
(ii) a refusal referred to in subsection (1)(a)(ii), | ||
and | ||
(b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a), | ||
as if any reference to the competent authority in such subsection (12) were a reference to the Board and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Board is minded to make on such appeal.”. |