Written answer
Air Navigation Orders
248. Deputy Gillian Toole asked the Minister for Transport the body that in his view, bears responsibility for ensuring that the departure routes from Dublin Airport's Runway 28R comply with the 2007 Environmental Impact Statement on which planning permission was granted under An Bord Pleanála reference PL06F.217429 (details supplied); and if he will make a statement on the matter. [31820/26]
Comment on this
As the Deputy be aware, a robust regulatory framework is required to support the aviation sector and to ensure the highest professional standards, for a safe and secure aviation environment. As such, the Irish aviation sector is highly regulated, with a number of different regulators each of which has distinct, specific roles and regulatory powers to enable them to carry out their separate, statutory roles in an independent manner.
As a contracting state to the International Civil Aviation Organization (ICAO) and a member state of the European Union, Ireland complies with ICAO standards and EU legislation regarding civil aviation. Under EU legislation, the operator of an airport is responsible for the design and maintenance of Instrument Flight Procedures (IFPs) which set flight paths into and out of an airport. The Irish Aviation Authority (IAA), as the civil aviation safety regulator in Ireland, has responsibility for ensuring that IFPs adhere to safety standards set out in national, EU and international regulations.
Flight paths are also monitored for compliance with noise requirements by the Aircraft Noise Competent Authority (ANCA), which is designated as the competent authority in Ireland for EU Regulation 598/2014.
Separately, monitoring compliance with planning permission conditions is matter for the relevant Council that granted those permissions, and enforcement of planning conditions is a matter for the relevant planning authorities.
Each of the aforementioned competent authorities has a range of powers of enforcement available where issues of non-compliance are identified. They are independent in the performance of their functions, and it is not open to me as Minister, to intervene on matters which are the responsibility of these independent authorities.
Regarding your point that Coimisiún Pleanála has not made a determination on the flight path deviation, I would like to again clarify that flight paths are not a condition of planning at Dublin Airport.
Concerning your point that the Environmental Protection Agency has no statutory function in aviation noise, in 2006, the EPA was designated as the National Authority under Section 5(1) of the European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018). This requires the EPA to exercise general supervision over the functions and actions of noise-mapping bodies and action planning authorities, including Fingal County Council, in relation the Dublin Airport Noise Map and Action Plan, and to provide guidance or advice to such bodies and authorities, where necessary.
As outlined previously, there are a number of different regulators each of which has distinct, specific roles and regulatory powers to enable them to carry out their separate, statutory roles in an independent manner.
Monitoring compliance with planning permission conditions is matter for the relevant Council that granted those permissions, and enforcement of planning conditions is a matter for the relevant planning authorities. However, to reiterate, flight paths are not a condition of planning at Dublin Airport.