fingal county council chief executive’s report … · includes a copy of epa submissions in...

FINGAL COUNTY COUNCIL CHIEF EXECUTIVE’S REPORT

PROPOSED VARIATION NO. 1 TO FINGAL DEVELOPMENT PLAN 2017-2023

04th November 2019

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1.0 Introduction

The purpose of this Chief Executive’s Report is to report on and provide a summary of the written submissions received in relation to proposed Variation No. 1 (the proposed Variation) to the Fingal Development Plan 2017-2023 (FDP), to respond to the submissions made during the consultation period and to make recommendations to the Elected Members on the issues raised.

On 10th September 2019 Fingal County Council (FCC) published notice that it had prepared proposed Variation No. 1 to the FDP, pursuant to Section 13 of the Planning and Development Act 2000 (as amended).

The proposed Variation seeks to amend the written text and maps of the FDP to incorporate revised Airport Noise Zones, revisions to the Rural Housing Policy, to provide for consideration of environmental noise from other sources and ensure consistency with the Dublin Agglomeration Environmental Noise Action Plan 2018-2023; and removal of Red Approach Areas from Development Plan maps

1.1 Structure of Report

This report contains the following: 2.0 Public Consultation Process 3.0 Next Steps 4.0 Categorisation and Summary of Issues Raised 5.0 Summary of recommendations 6.0 Overall Recommendation Appendices: Appropriate Assessment (AA) and Strategic Environmental Assessment (SEA) reports on submissions received. Note that editorial changes and updating of the proposed Variation will be carried out and minor typographical or graphical errors or discrepancies will be amended.

2.0 Public Consultation Process

2.1 Outline of Public Consultation Process

In accordance with Section 13 of the Planning and Development Act 2000 (as amended) the proposed Variation was placed on public display from Tuesday 10th September 2019 to Tuesday 15th October at Fingal County Council Offices at County Hall, Main Street, Swords, Co. Dublin, at Fingal County Council Civic Offices, Grove Road, Blanchardstown, Dublin 15 and Fingal County Council’s Offices, George’s Square, Balbriggan, Co. Dublin, and in Fingal Branch Libraries and on the Fingal County Council on line consultation portal https://consult.fingal.ie/en/consultation/proposed-variation-no-1-fingal-development-plan-2017-2023

During the public consultation period the proposed Variation including a planning report and amended development plan map and Screening reports for Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA) were disseminated to the public and submissions were invited as follows:

Notification of the preparation and display of Proposed Variation No.1 to the Fingal Development Plan 2017-2023, including Planning reports and Screening Reports for SEA and AA, for the purpose of public consultation were placed in the Irish Times, the Irish

https://consult.fingal.ie/en/consultation/proposed-variation-no-1-fingal-development-plan-2017-2023

https://consult.fingal.ie/en/consultation/proposed-variation-no-1-fingal-development-plan-2017-2023

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Independent and the Fingal Independent on the 10th September 2019 together with information on the public consultation programme and an invitation for submissions.

Letters that provided notification of the proposed Variation and an invitation for submissions were circulated to, inter alia, the Minister for Housing, Planning and Local Government and relevant prescribed authorities.

Public information displays of the proposed Variation and Screening Reports for SEA and AA were placed in Fingal County Council Offices in Swords, Blanchardstown and Balbriggan and in Fingal Branch Libraries and on the Fingal County Council on line consultation portal

Members of the public and other interested groups were invited to attend drop-in public information sessions regarding the content of the proposed Variation held on Wednesday 18th September at FCC, County Hall, Swords and on Tuesday 01st October at Radisson Blu Hotel, Dublin Airport

A social media campaign took place during the public consultation period advising of the proposed Variation and public consultation process

Notification of the proposed Variation consultation programme and an invitation for submissions distributed to the Public Participation Network (PPN) Co-Ordinator.

A briefing for Elected Members was held on September 18th 2019.

2.2 Outcome of Public Consultation

A total of 37 submissions were received during the consultation period. All submissions have been considered. Some submissions received included issues not relevant to the scope of the proposed Variation and cannot be addressed in the Chief Executive’s report. Listed in Table No. 1 are the submissions received including the name of the person or organisation making the submission and its allocated identification number. Table 1: List of Valid Submissions Received

Author Organisation (if

applicable) Submission

No. URL Link to Submission

Tara Horigan Health & Safety Authority FIN-C242-1 https://consult.fingal.ie/en/submission/fin-c242-1#obs-4258

Niamh McDonald Irish Water FIN-C242-2 https://consult.fingal.ie/en/submission/fin-c242-2#obs-4263

Stephen Smyth AWN Consulting FIN-C242-3 https://consult.fingal.ie/en/submission/fin-c242-3#obs-4269

Andrew Watson

FIN-C242-4 https://consult.fingal.ie/en/submission/fin-c242-4#obs-4270

Olivia Morgan

Transport Infrastructure Ireland FIN-C242-5 https://consult.fingal.ie/en/submission/fin-c242-5#obs-4334

Alan Hanlon Department of Education & Skills FIN-C242-6 https://consult.fingal.ie/en/submission/fin-c242-6#obs-4337

Susan Worrell


James Byrne


Jason Murray


Conor Murray


Karen Donovan

Office of Public Works FIN-C242-11

https://consult.fingal.ie/en/submission/fin-c242-11#obs-4364

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Proinsias Brinkley

FIN-C242-12


Gerard Kennedy

FIN-C242-13


Christine Langstone

FIN-C242-14


Liam O'Gradaigh

FIN-C242-15


Stephen McBrien

FIN-C242-16


Cian O'Mahony EPA FIN-C242-17


Pauline Riordan EMRA FIN-C242-18


Michael Kennedy

FIN-C242-19


Sheelagh Morris & Helena Merriman

St. Margaret’s Concerned Residents Group FIN-C242-20


Harriet Barlow


Ciara O'Reilly Dunbro Lane Residents FIN-C242-22


Lara Duffy HSE FIN-C242-23 https://consult.fingal.ie/en/submission/fin-c242-23#obs-4385

Michael O Rourke

FIN-C242-24


Joe O'Brien


Ian Carey


daa plc daa FIN-C242-27 https://consult.fingal.ie/en/submission/fin-c242-27#obs-4388

Pearse & Evelyn Sutton

Pearse & Evelyn Sutton FIN-C242-28


David Healy


Michael O' Rourke

St. Margarets The Ward Residents Group FIN-C242-30


Jerry Barnes


JSA Richmond Homes FIN-C242-32 https://consult.fingal.ie/en/submission/fin-c242-32#obs-4395

BSM Glenveagh Homes Ltd FIN-C242-33


Future Analytics Future Analytics FIN-C242-34


Sean Fox


Sean Fox


Maude Ni Bhrolchain OPR FIN-C242-37


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2.3 Summary of Issues Raised in Submissions

All 37 valid submissions received by the Council during the public consultation period were read, summarised and analysed. Many of the issues raised were interrelated and therefore categorised under separate thematic headings for the purpose of identifying the issues that were raised more frequently. Each of the thematic headings, together with the number of times that issues were raised in relation to each heading are detailed in Table 2 below. Table 2: Breakdown of issues raised in submissions received for all categories

Theme No of submissions relevant to theme

1 Strategic Policy 4

2 Noise 29

3 Climate Change 7

4 Surface Access 8

5 Rural Housing Policy 2

6 Red Approach Areas 6

7 SEA and AA Screening 4

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3.0 Next Steps This Chief Executive’s Report on the public consultation for the Proposed Variation is hereby submitted to the members of Fingal County Council for consideration. The Planning and Development Act 2000 (as amended) outlines that the Elected Members of FCC have up to 6 weeks to consider the Chief Executive Report and the Proposed Variation. The Chief Executive intends for the Report to be considered at the County Council Meeting on 09th December 2019. 4.0 Categorisation and Summary of Issues Raised This section sets out a summary of issues raised in submissions and the opinion of the Chief Executive in relation to the issues raised and recommendations. The submissions received by prescribed authorities are outlined firstly, followed by submissions from individuals and other organisations summarized by themes raised in submissions.

4.1 Prescribed Authorities Submission: Office of the Planning Regulator FIN-C242-37 Summary of Comments

Considers the proposed Variation to be in accordance with national and regional policy and Ministerial Planning Guidelines, including National Planning Framework Objectives NSO4 relating to the strategic importance of Dublin Airport and NPO65 relating to the pro-active management of noise; and provides for consistency with the Dublin Agglomeration Noise Action Plan 2018-2023 and the core strategy and objectives of the Fingal Development Plan 2017-2023;

Recommends that the Variation be finalised.

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Chief Executive’s Response Comments noted.

Recommendation No Change Submission: Eastern and Midlands Regional Assembly FIN-C242-18 Summary of Comments

Considers that the proposed Variation, which will promote appropriate land uses and support the management of noise sensitive development in the vicinity of flight paths, is consistent with the Regional Spatial and Economic Strategy 2019-2031.

Chief Executive’s Response Comments noted.

Recommendation No Change Submission: Environmental Protection Agency FIN-C242-17 Summary of Comments

Includes a copy of EPA submissions in relation to screening of proposed Variation and in relation to noise within the Draft Dublin Airport LAP and requests that these be considered, as relevant and where appropriate.

Advises of the need to ensure compliance with and consideration of the need for proper planning and sustainable development, legislation, and key relevant higher level plans and programmes, as well as commitments on climate change mitigation and adaptation, as well as incorporating any relevant recommendations in sectoral, regional and local climate adaptation plans;

Outlines available guidance and resources relating to the environment and advises of procedure relating to future amendments to the variation

Incorporation of key findings of AA into Variation and SEA.

Refers to new WHO Environmental Noise Guidelines for the European Region 2018, which submission states should be taken into account in the Plan.

New European Communities (Environmental Noise) Regulations 2018 should be taken into account. Explanation should be provided of the differences in the mapping exercises linked to land use planning and those relating to the Noise Action Plan for Dublin Airport, including how both mapping processes address environmental noise in the plan and submission recommends that the Noise Action Plan for Dublin Airport be fully integrated into the LAP.

Notes FCCs role as the new Competent Authority for regulating aircraft noise at Dublin Airport and suggests FCC could undertake a noise health impact assessment to assist in identifying any noise problem and recommends a mechanism be put in place to escalate noise complaints where there is dissatisfaction with a response from the airport authority. FCC should establish how its new statutory function as Competent Authority might overlap with the Environmental Noise Directive Requirements (e.g. noise mapping, action plans, and responsible bodies) and submission identifies the need for co-ordination and consultation mechanism to link site-specific planning issues related to noise to the overall strategic role of the Environmental Noise Directive.

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Advises that specific roles and responsibilities of each authority with responsibility for the operation of the airport should be set out, in particular specific responsibilities for addressing noise complaints should be clearly outlined.

Notes the there is no standard national approach or guidance relating to the management of noise in the planning process and that UK ProPG and AACI guidance could be useful

Outlines publications and research relating to noise and health Chief Executive’s Response Comments are noted in relation to procedures and guidance. The Proposed Variation is consistent with the need for proper planning and sustainable development and is consistent with key relevant higher-level plans and programmes. The Climate Change Action Plan, 2019 – 2024 and the Fingal Development Plan outline adaptation and mitigation measures and actions to address Climate Change. Requirement for revised Noise Zones

The proposed Variation provides for the replacement of existing noise zones relating to aircraft noise at Dublin Airport. The existing noise zones contained in the 2017 Fingal Development Plan were first set out in the 2005 Fingal Development Plan which introduced two noise zones named the ‘Inner Noise Zone’ and ‘Outer Noise Zone’. These noise zones were based on a forecast of possible future runway operations at the airport which included the proposed north runway and were based on unconstrained runway use. The purpose of the noise zones was to control inappropriate development, to require noise insulation where appropriate within the Outer Noise Zone, and to resist new provision for residential development and other noise sensitive uses within the Inner Noise Zone. The zones also served to promote appropriate land use patterns in the vicinity of the flight paths serving the Airport, having regard to the existing and anticipated impacts of aircraft movements.

Since the current noise zones were introduced, planning permission has been granted for the Airport’s north runway with construction expected to be completed by 2022. Furthermore, the noise zones themselves were based on UK research and policy regarding aircraft noise annoyance available at that time, which has since been updated. Since the introduction of the existing noise zones a weight of evidence has emerged in relation to aircraft noise and health effects, typically demonstrating that community annoyance due to aircraft noise exposure has increased, even if noise exposure has not. Additionally, other drivers such as the Environmental Noise Regulations 2006, and EU Regulation 598/2014, are placing greater emphasis on the management of aircraft noise, within which land-use planning and management has a role.

A review of the effectiveness and appropriateness of the existing noise zones has been undertaken. This review has concluded that the zones had been effective with respect to their objectives, however when considering more up to date evidence in relation to aircraft noise, it has been concluded that the noise zones should be updated to take into account increased annoyance to aircraft noise at lower noise exposure levels, and to account for night-time aircraft noise exposure which is not currently considered. Based on the outcome of this review the ‘inner’ and ‘outer’ noise zones have been reviewed and are proposed to be replaced with four zones, A to D. Zone A reproduces the policy of the existing ‘inner’ zone whilst Zones B and C are consistent with the objectives of the current ‘outer’ zone. In addition, Zone D has been introduced in recognition of the noise levels identified in the WHO Environmental Noise Guidelines 2018 (WHO ENG) which identifies the level at which adverse effects start to occur. Zone D also allows for identification of potentially large noise sensitive developments in the vicinity of the flight paths serving the Airport.

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Currently no national guidance exists in relation to the management of noise in the planning process. This proposed Variation acknowledges the health impacts of noise in land use planning and sets out updated noise zones to provide for mitigation of the impact of noise on future residential and other noise sensitive uses. The noise zones aim to support future sustainable growth and development within lands exposed to aircraft noise, whilst facilitating the effective operation of the airport in line with national policy. Methodology for creation of FCC Noise Zones The noise zones contained in the current FDP provide for unconstrained use of a parallel runway system at Dublin Airport based on forecast 2025 noise exposure contours. It is now considered appropriate to update these existing noise zones to take account of up to date policy and guidance and to again plan forward for a further time period similar to that which was projected in 2005 in relation to existing noise zones. In this regard, the proposed noise zones are based on 2037 unconstrained runway use. A range of policy options were considered by FCC which included an evidence based framework taking into account historic, current and emerging policy and guidance, legislative framework and the scope of land use policy at other airports. This included a review of the effectiveness of FCC’s existing noise zones and highlighted potential changes that may be required to future policy relating to noise zones, including:

a review of the use of alternative noise metrics to the LAeq 16hr (which equates to daytime measurement);

expanding the scope of existing policy to consider night time noise in addition to day time noise; and

recognition of the potential impacts of aircraft noise in areas beyond the outer noise zone and the requirement for its consideration within a revised land use policy.

The following considerations have been used in determining the shape and extent of the noise zones:

Segregated mode and mixed mode contours have been considered in relation to potential future operations at Dublin Airport during the day and night time periods. Segregated mode was chosen as the basis for contours as this sets out the most expansive ultimate exposure, and takes into account potential future changes in operation. The zones have been prepared based on 100% directional conditions to account for potential operating scenarios at Dublin Airport thus providing the greatest degree of safeguarding for land use purposes. These considerations provide for the widest protection of future residents and other noise sensitive land uses potentially impacted by aircraft noise.

The noise zones are based on a conservative combination of possible operational modes for the 2037 forecast flight movements based on calculations undertaken by acoustics experts retained by daa, and reviewed by independent acoustics experts retained by FCC.

The noise zones account for potential future operations at the airport. This is in line with the approach taken in the preparation of the existing noise zones prepared in 2005 by allowing for safeguarding based on unconstrained runway use.

The use of professional guidance in relation to noise and residential development, namely UK guidance ProPG: Planning & Noise – New Residential Development (2017) and other relevant standards such as British Standard BS8233:2014: ‘Guidance on sound insulation and noise reduction for buildings’ are referenced in the absence of any Irish guidelines in this regard.

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The WHO ENG set out noise levels for day time above which aircraft noise is associated with adverse health effects and for night time above which the level is associated with adverse effects on sleep. The WHO guidelines recommend that policy-makers implement suitable measures to reduce noise exposure from aircraft in the population exposed to levels above the guideline values for average and night noise exposure. The current noise zones do not consider aircraft noise during the night time period. In recognition of the evidence set out in WHO Night Noise Guidelines for Europe 2009 (WHO NNG) and WHO ENG linking health effects with aircraft noise, including noise at night, appropriate noise exposure thresholds for night time have been included in the four noise zones A, B, C and D which include a threshold of 40dB Lnight in Zone D (WHO ENG defined level at which adverse effects start to occur).

The WHO recommendations were considered as part of the development of the proposed noise zones. There is close comparison between the LAeq, 16 hr values set out in the proposed noise zones and the Lden values recommended in the WHO ENG. FCC reviewed the Lden values recommended in WHO ENG and matched it to a corresponding LAeq, 16 hr metric for use in the proposed noise zones. This provides for an appropriate comparison between Lden (as set out in WHO ENG) and LAeq, 16 hr (as set out in FCC proposed noise zones A, B, C and D). The LAeq 16hr metric was retained for the noise zones as it provides continuity with the existing Inner and Outer Noise Zones. It also provides continuity with the conditions attached to An Bord Pleanala planning permission for the north runway, and it supports the implementation of good acoustic design through guidance within ProPG and BS8233.

Environmental Noise Regulations and Noise Action Plan The Noise Action Plan for Dublin Airport 2019-2023 (NAP), December 2018, was drawn up under the Environmental Noise Regulations. Proposed Variation No. 1 to the FDP will be utilised for the purposes of effective land-use planning and safeguarding the use of the Airport. The proposed noise zones are for use during pre-planning and in considering planning applications for new residential or noise-sensitive development in the vicinity of the airport. The proposed revisions to airport noise zones relating to land-use planning and management set out in the proposed Variation are based on potential forecast noise levels which may arise under unconstrained operations in 2037. This is considered an appropriate basis for long term management of noise sensitive developments in proximity to the airport. The strategic noise maps are based upon an assessment of the annual average noise exposure which was experienced at the airport during 2016. These are used to inform the ongoing management of noise from the airport as set out within the NAP. The NAP maps the current situation with regard to aircraft noise whilst the proposed Variation sets out noise zones relating to potential future aircraft noise. These are different processes with responsibility for mapping different scenarios, which have used the same methodology relating to noise measurements. As noted above, whilst the proposed Variation No. 1 to the FDP provides for a land use planning policy in relation to future decisions regarding new residential and noise-sensitive development in the vicinity of the airport, the NAP provides a framework of noise management at the airport of which the draft LAP forms a part. It is considered appropriate that the two plans sit alongside each other without significant overlap as they are drawn up under different legal frameworks and responsibilities. Many of the actions contained within the NAP do not relate to land use planning. The actions set out in the NAP relating to Land Use Planning and Management seek to review

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existing land use planning frameworks in so far as they relate to Dublin Airport and to monitor encroachment associated with Dublin Airport to ensure that airport noise policy is appropriately informed through land use planning. This proposed Variation and the draft Dublin Airport Local Area Plan set out land use planning frameworks in this regard. Proposed Variation No. 1 to the FDP and the draft Dublin Airport LAP have been prepared, in part, to deliver on Action 3 in Table 10 of the NAP. Complaints procedure The NAP drawn up under the Environmental Noise Regulations sets out roles and responsibilities for management of noise at the airport, including the handling of noise complaints. daa is the authority with responsibility for dealing with noise complaints relating to aircraft at Dublin Airport through the Noise and Flight Track Monitoring Service. Aircraft Noise Competent Authority The FCC role as Aircraft Noise Competent Authority (ANCA) is independent of both the Planning and Strategic Infrastructure and the Environment roles of FCC, and therefore independent of the proposed Variation and NAP. The role of FCC as ANCA is set out within the Aircraft Noise (Dublin Airport) Regulation Act 2019 as an independent authority with exclusive competence to impose, revoke, replace or amend, and monitor operating restrictions at the airport . It is not currently envisaged that there is an overlap with the END, NAP or LAP responsibilities. The Fingal Development Plan and draft Dublin Airport LAP set out provisions for appropriate decisions to be made during the planning process to determine the acceptability of development in areas affected by aircraft noise and public safety. It is important that land use planning does not lead to inappropriate development and encroachment which could result in the creation of future noise and safety issues. FCC note the comments from the EPA in this regard. However, these matters are not proposed to be addressed within the proposed Variation which relates to land use planning. Noise Policy The Dublin Agglomeration Environmental Noise Action Plan, Volume 3 Fingal County Council, 2018, acknowledges that there is currently no national guidance on the management of noise in the planning process, and proposes that FCC develop guidelines relating to Noise and Planning for FCC based on good Acoustic Design. The commitment contained in the National Planning Framework to provide national guidance relating to noise is noted. In the absence of national guidance, the proposed Variation sets out objectives relating to management of noise from road, rail and aircraft to avoid, mitigate and promote the pro-active management of noise in land use planning. Proposed FDP Variation No. 1 supports this approach with the specific requirement for expert advice to be utilised, where necessary, and for good acoustic design principles to be followed. This is considered to be in support of NPF 2040 Objective 65. Other Items An iterative approach was undertaken between the AA, SEA and Plan team, where key findings were incorporated into the SEA screening. The EPA’s previous submission in relation to the proposed Variation and Draft LAP in addition to referenced reports on the State of the Environment 2016 has been considered in the preparation of the SEA Screening Report and associated determination. Furthermore the relevant environmental

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authorities have been consulted with in the undertaking of the SEA Screening and notified of the determination that SEA is not required to be undertaken. The proposed Variation is consistent with the need for proper planning and sustainable development and is consistent with key relevant high level plans and programmes, furthermore and proposed changes to the Variation will be screened for potential for likely significant effects in accordance with Schedule 2A of the SEA Regulations. Submission: Health Service Executive FIN-C242-23 Summary of Comments

Refers to WHO 2018 guidelines and recommendations contained therein and considers that the noise criteria outlined in the FDP does not align with WHO guidance. Submission advises that FCC should make every effort to ensure that all new development in the vicinity of Dublin Airport complies with the WHO noise criteria, including that all residential development within Zone D should demonstrate that good acoustic design has been followed and implement noise mitigation measures (rather than applying to applications for 50 units or more).

Recommends that specific recommendations for road traffic noise and railway noise as outlined in WHO document are adhered to and implemented.

Impact of noise should be assessed for rural housing at planning application stage. Chief Executive’s Response Background to revised Noise Zones

The proposed Variation provides for the replacement of existing noise zones relating to aircraft noise at Dublin Airport. The existing noise zones contained in the 2017 Fingal Development Plan were first set out in the 2005 Fingal Development Plan which introduced two noise zones named the ‘Inner Noise Zone’ and ‘Outer Noise Zone’. These noise zones were based on a forecast of possible future runway operations at the airport which included the proposed north runway and were based on unconstrained runway use. The purpose of the noise zones was to control inappropriate development, to require noise insulation where appropriate within the Outer Noise Zone, and to resist new provision for residential development and other noise sensitive uses within the Inner Noise Zone. The zones also served to promote appropriate land use patterns in the vicinity of the flight paths serving the Airport, having regard to the existing and anticipated impacts of aircraft movements.


A review of the effectiveness and appropriateness of the existing noise zones has been undertaken. This review has concluded that the zones had been effective with respect to their objectives, however when considering more up to date evidence in relation to aircraft noise, it has been concluded that the noise zones should be updated to take into account increased annoyance to

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aircraft noise at lower noise exposure levels, and to account for night-time aircraft noise exposure which is not currently considered. Based on the outcome of this review the ‘inner’ and ‘outer’ noise zones have been reviewed and are proposed to be replaced with four zones, A to D. Zone A reproduces the policy of the existing ‘inner’ zone whilst Zones B and C are consistent with the objectives of the current ‘outer’ zone. In addition, Zone D has been introduced in recognition of the noise levels identified in the WHO Environmental Noise Guidelines 2018 (WHO ENG) which identifies the level at which adverse effects start to occur. Zone D also allows for identification of potentially large noise sensitive developments in the vicinity of the flight paths serving the Airport. Currently no national guidance exists in relation to the management of noise in the planning process. This proposed Variation acknowledges the health impacts of noise in land use planning and sets out updated noise zones to provide for mitigation of the impact of noise on future residential and other noise sensitive uses. The noise zones aim to support future sustainable growth and development within lands exposed to aircraft noise, whilst facilitating the effective operation of the airport in line with national policy. Methodology for FCC Noise Zones The noise zones contained in the current FDP provide for unconstrained use of a parallel runway system at Dublin Airport based on forecast 2025 noise exposure contours. It is now considered appropriate to update these existing noise zones to take account of up to date policy and guidance and to again plan forward for a further time period similar to that which was projected in 2005 in relation to existing noise zones. In this regard, the proposed noise zones are based on 2037 unconstrained runway use. A range of policy options were considered by FCC which included an evidence based framework taking into account historic, current and emerging policy and guidance, legislative framework and the scope of land use policy at other airports. This included a review of the effectiveness of FCC’s existing noise zones and highlighted potential changes that may be required to future policy relating to noise zones, including:







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Noise Zone D The noise levels used for proposed noise zone D are based on the values set out in the WHO ENG Guidelines and identify the values at which measures to reduce noise exposure are required (applicable to 50 units or more). Within much of Noise Zone D the external noise exposure levels due to aircraft noise will be such that for new residential dwellings, the internal noise levels recommended within the WHO Guidelines for Community Noise 1999 and ProPG: Planning & Noise – New Residential Development (2017), and British Standard BS8233:2014: ‘Guidance on sound insulation and noise reduction for buildings’, will be met without additional noise mitigation measures. For larger developments it may be necessary for the applicant to demonstrate that a good acoustic design has been followed. For smaller developments, ability to amend site layout to provide effective mitigation for noise impact may not be possible. In this regard, 50 units is considered to represent an appropriate development size. Road and Rail Under the Environmental Noise Regulations FCC, as part of the Dublin Agglomeration Noise Action Plan, has developed strategic noise maps for road and railways in Fingal. These provide evidence on indicative noise exposure for areas affected by noise levels above 55 dB Lden and 50 dB Lnight. The proposed amendment to the FDP adopts a policy of requiring good acoustic design to be followed

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for new residential and noise sensitive developments within the areas identified by the strategic noise maps. The WHO recommendations for roads are 53 dB Lden and 45 dB Lnight, and for railways are 54 dB Lden and 44 dB Lnight, which are below the levels indicated by the strategic noise maps. Future strategic noise mapping for road and rail as part of any NAP review will consider relevant noise guidelines in place at that time. Rural Housing In relation to planning applications for rural housing, impact of noise is considered where relevant at planning application stage with applicants requested to submit acoustic assessments if deemed necessary. Recommendation No change Submission: daa FIN-C242-27 Summary of Comments

Welcomes removal of Red Approach Areas

Recommends that the Variation acknowledges that proper land use management around airports limits conflict between aviation noise and noise sensitive uses. The role in protecting Dublin Airport as a national strategic infrastructure asset in line with NSO 6 of the National Planning Framework should be acknowledged.

Variation should be reviewed to take account of the Regional Spatial and Economic Strategy for the Eastern and Midlands Region (RSES) which should be listed as a guidance document considered on page 5 of the Variation and that policy providing for farming families should be reviewed.

Outlines recommended revisions to Table 7.1 in the proposed Variation to remove the threshold for 50 units so that noise insulation is required in all developments, remove requirement for external amenity noise assessment, inclusion of a requirement for a condition to be included in planning applications for residential development in noise zone B advising future occupiers of the property’s location in that zone; and sets out suggested amendments relating to proposed noise sensitive developments within aircraft noise zones.

Chief Executive’s Response The existing Fingal Development Plan 2017 - 2023, supported by this proposed Variation, sets out land use planning policies and objectives relating to management of conflict between aviation noise and noise sensitive uses around the airport. Guidance document on page 5 of the Variation relate to documents providing specific policy relating to noise. The content of the RSES is noted and it is considered that the proposed Variation is in compliance with the RSES. This is confirmed in the submission received from EMRA. The RSES echoes the objectives contained within the FDP which seek to actively resist residential development within the Inner Noise Zone with exceptions for those involved in farming.

The Noise Zones aim to support future sustainable growth and development within the lands exposed to aircraft noise, whilst facilitating the effective operation of the airport. The FCC Planning and Strategic Infrastructure Department are responsible for monitoring and minimising encroachment of sensitive developments in relation to the airport over the long term.

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The noise levels used for proposed noise zone D are based on the values set out in the WHO ENG Guidelines and identify the values at which measures to reduce noise exposure are required (applicable to 50 units or more). Within much of Noise Zone D the external noise exposure levels due to aircraft noise will be such that for new residential dwellings, the internal noise levels recommended within the WHO Guidelines for Community Noise 1999 and ProPG: Planning & Noise – New Residential Development (2017), and British Standard BS8233:2014: ‘Guidance on sound insulation and noise reduction for buildings’, will be met without additional noise mitigation measures. For larger developments it may be necessary for the applicant to demonstrate that a good acoustic design has been followed. For smaller developments, ability to amend site layout to provide effective mitigation for noise impact may not be possible. In this regard, 50 units is considered to represent an appropriate development size. An external amenity area noise assessment is an intrinsic element of good acoustic design and the guidance. BS8233:2014 indicates that the guideline values of 50 – 55 dB LAeq, 16hr “may not be achievable in all circumstances where development might be desirable. In such a situation, development should be designed to achieve the lowest practicable noise levels in these external amenity spaces but should not be prohibited.”. FCC proposes to have regard to the relevant guidance when reviewing relevant applications for new residential and noise sensitive developments. In relation to the requirement to include a condition relating to marketing materials, details of all four noise zones are publicly available, and once adopted will continue to be publicly available within the LAP and the varied FDP. The Noise Action Plan for Dublin Airport 2019-2023 includes a comparison of dwelling exposure for 2006, 2011 and 2016 in Appendix D. This comparison demonstrated that the existing FCC policies associated with the inner and outer noise zones have been highly effective in minimising encroachment since they were introduced. The policy approach associated with the proposed noise Zones A, B and C are equivalent to the existing policy to resist and manage development, implemented over a larger extent. The addition of Zone D provides for identification and management of noise sensitive developments where necessary. Recommendation No change Submission: Health and Safety Authority FIN-C242-1 Summary of Comments Confirms no comments in relation to the proposed Variation. Chief Executive’s Response Noted Recommendation No change

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Submission: Irish Water FIN-C242-2 Summary of Comments Confirms no comments in relation to the proposed Variation. Chief Executive’s Response Noted Recommendation No change Submission: TII FIN-C242-5 Summary of Comments Confirms no comments in relation to the proposed Variation. Chief Executive’s Response Noted Recommendation No change Submission: Department of Education and Skills FIN-C242-6 Summary of Comments Confirms no comments in relation to the proposed Variation. Chief Executive’s Response Noted Recommendation No change Submission: OPW FIN-C242-11 Summary of Comments Confirms no comments in relation to the proposed Variation. Chief Executive’s Response Noted Recommendation No change

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4.2 Submissions from individuals and other agencies and organisations, summarised by theme Aircraft Noise Submissions Received Relevant to this theme: FIN-C242-3; FIN-C242-4; FIN-C242-7; FIN-C242-8; FIN-C242-9; FIN-C242-10; FIN-C242-12; FIN-C242-13; FIN-C242-14; FIN-C242-15; FIN-C242-16; FIN-C242-19; FIN-C242-20; FIN-C242-21; FIN-C242-24; FIN-C242-25; FIN-C242-26; FIN-C242-28; FIN-C242-29; FIN-C242-30; FIN-C242-32;FIN-C242-33;FIN-C242-34; FIN-C242-35; FIN-C242-36 Summary of Issues Raised A total of 25 submissions (not including those summarised above from prescribed authorities) to the proposed Variation relate to noise:

i. Noise Levels and Impact on Health a) Reference made to existing noise levels and the noise levels which submissions state will be

achieved within the proposed noise zones during day time and night time and concerns that noise levels exceed WHO standards

b) Human health impact of noise and the lack of assessment of the proposed noise zones on human health

c) Requests independent review of existing noise levels

ii. Insulation and Mitigation a) Raises concerns regarding the existing daa operated noise insulation scheme and requests

expansion of the scheme to cover additional residences; noise insulation scheme to take account of WHO guidelines; inclusion of requirements in variation relating to insulation and ventilation; and a greater involvement by FCC in administration of the current noise insulation scheme and any proposed wider scheme. Sets out proposals for inclusion of a voluntary relocation scheme, voluntary purchase scheme, and house insulation for residents impacted by aircraft noise and impacted by road proposals in the area

b) Identifies concerns in relation to noise complaints process and noise and environmental monitoring and requirement for accurate reporting of noise mitigation and abatement

c) Requests clarification in relation to acceptable noise level for external amenity space noting that it is not possible to insulate external amenity space

iii. Methodology used to prepare Noise Zones a) Questions the use of noise data for a time period beyond the lifetime of the Dublin Airport

LAP. Questions the methodology used to prepare the noise zones including o Use of LAeq16 rather than Lden and Lnight o States errors with use of ‘and/or’ on legend to describe noise zones o Queries the source of data used to generate noise zones o Queries inclusion of townlands for Zone D only o Queries difference between FCC proposed noise zones and daa noise contours o Seeks revisions to noise zones relating to specific areas (eg inclusion of Hollwoodrath

from Zone B into Zone A) o Requests independent review of daa data used to prepare noise zones

b) Refers to the EUs 7th Environment Action Programme (EAP) and queries why FCC is not seeking to decrease noise pollution as outlined in the 7th EAP.

c) Refers to the Noise Action Plan (NAP) for Dublin Airport

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o Raises concerns in relation to the methodology used in preparing NAP including to produce strategic noise maps, lack of conformity with legislation and lack of actions arising

o Identification of increased exposure to noise in NAP and requests remedial measures be put in place to address this

o NAP should inform land use policy o Highlights the lack of financial penalties for noise infringements and requests

performance indicators be provided o Highlights concerns in relation to noise monitoring o Identifies need to include and protect quiet areas in NAP

d) Request inclusion of additional noise contours at ≤5dB to replace proposed noise level bands to provide a clearer indication of potential noise impacts and provision of separate day/night contours to facilitate site specific assessments

e) Seeks to ensure that the use of a conservative assessment of the potential noise impact does not have unintended consequence of requiring excessively onerous mitigation measures, particularly for aviation related developments with the DA zoned lands.

f) Queries why noise zones for runway 16/34 are not included in proposed variation.

iv. Existing / Future planning applications a) Concerns raised relating to the development of the new north runway at Dublin Airport b) Proposed noise zones do not reflect existing operational conditions attached to planning

permission for runway use at Dublin Airport and questions the inclusion of proposed noise zones relating to night noise in the context of the existing planning permission for the north runway at Dublin Airport. Submissions consider that proposed noise zones should reflect existing planning conditions.

c) Raises concerns in relation to night flights, including impact on population and on Baldoyle Estuary SAC and requests that restrictions be put in place relating to night time flights

d) Raise concerns with procedures relating to operation and role of the Aircraft Noise Competent Authority

v. Relocation / impact on residential location a) Difficulties residents in rural noise zones experience relocating outside of noise zones

(relates to rural areas) and in close proximity to their family home. Sets out recommendations for alternative locations for those impacted by noise to relocate to, including: o Land should be made available within the locality for residents impacted by noise to

move to as there is currently a lack of available alternatives locally, with Thornton Hall identified as a suggested location and that FCC should discuss with Meath County Council the option for Fingal residents to be considered for rural housing in Co. Meath

o Requests that residents living within Zone B should also be considered for inclusion in the proposed revised policy relating to rural housing for residents in Zone A (relating to facilitating rural housing need on suitable sites within 5km outside of Zone A).

o Coolquay LAP not yet prepared – this is the closest rural village to St. Margaret’s; Housing not provided in Rivermeade LAP

o Revised rural housing policy does not address how St. Margaret’s Special Policy Area will facilitate people living in the area to continue to live there

o Need to provide for displaced farming families, including provision of alternative farm land

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b) Seeks relocation of residents impacted by noise if night time flights are permitted, with particular emphasis on residents to the west of the airport including St. Margaret’s and The Ward.

c) Raises concerns that the noise zones have the potential to limit housing that could be provided close to high quality public transport links within the Metropolitan Area

vi. Land Use a) Seeks rezoning of areas most impacted by noise to alternative zoning objectives

Chief Executive’s Response

i. Noise Levels and Impact on Health a) Variation No 1 proposes to amend the Fingal Development Plan and will provide for updated

noise zones. These are to be used for the purposes of sustainable land-use planning and safeguarding the use of the Airport. It will provide a policy framework for the Planning and Strategic Infrastructure Department to assess all planning applications for noise-sensitive development in the vicinity of the airport. The WHO Environmental Noise Guidelines 2018 have been taken into account during the development of the four noise zones proposed for the management of future planning applications in the vicinity of the airport. The WHO recommended level for Lnight has been used as the basis of the list of townlands which form noise Zone D. Concerns relating to existing noise levels are noted, procedures are in place for dealing with noise complaints which are outside of the scope of this proposed Variation.

b) In relation to the impact on human health the proposed noise zones associated with the airport are for the purpose of assessment and guidance of planning applications for future development. They are for the purpose of safeguarding future development proposals, and incorporating updated guidance on noise impact. The impact of proposed amendments to operations at Dublin Airport can only be undertaken by assessment of a planning application along with any accompanying environmental information.

c) Review of existing noise levels is outside of the scope of this proposed Variation

ii. Insulation and Mitigation a) The noise insulation scheme has been established in compliance with Condition 7 of the An

Bord Pleanala decision to approve the development of the north runway. It includes a requirement to review the dwellings eligible for insulation under the scheme every two years. It is not within the remit of this proposed Variation to amend the house insulation scheme, such amendments can only be provided for by way of a future planning application relating to operations at Dublin Airport and any noise related documents submitted with that planning application. The voluntary house purchase scheme has been established in compliance with Condition 9 of the An Bord Pleanala decision to approve the development of the north runway. It is not within the remit of this proposed Variation to amend the scheme, such amendments can only be provided for by way of a future planning application relating to operations at Dublin Airport.

b) The noise complaints process is outside of the scope of this proposed Variation c) An external amenity area noise assessment is an intrinsic element of good acoustic design

and the guidance BS8233:2014 indicates that the guideline values of 50 – 55 dB LAeq, 16hr “may not be achievable in all circumstances where development might be desirable. In such a situation, development should be designed to achieve the lowest practicable noise levels in these external amenity spaces but should not be prohibited.” FCC proposes to take notice of the relevant guidance when reviewing relevant applications for new residential and noise

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sensitive developments. Potential design approaches to reduce or minimise the impact of aircraft noise can be provided on a case by case basis and the inclusion of external amenity space assessment seeks to ensure that appropriate consideration has been given to the design and layout of such spaces.

iii. Methodology used to prepare Noise Zones a) Background and Methodology to revised Noise Zones

Background to Noise Zones The proposed Variation provides for the replacement of existing noise zones relating to aircraft noise at Dublin Airport. The existing noise zones contained in the 2017 Fingal Development Plan were first set out in the 2005 Fingal Development Plan which introduced two noise zones named the ‘Inner Noise Zone’ and ‘Outer Noise Zone’. These noise zones were based on a forecast of possible future runway operations at the airport which included the proposed north runway and were based on unconstrained runway use. The purpose of the noise zones was to control inappropriate development, to require noise insulation where appropriate within the Outer Noise Zone, and to resist new provision for residential development and other noise sensitive uses within the Inner Noise Zone. The zones also served to promote appropriate land use patterns in the vicinity of the flight paths serving the Airport, having regard to the existing and anticipated impacts of aircraft movements.


A review of the effectiveness and appropriateness of the existing noise zones has been undertaken. This review has concluded that the zones had been effective with respect to their objectives, however when considering more up to date evidence in relation to aircraft noise, it has been concluded that the noise zones should be updated to take into account increased annoyance to aircraft noise at lower noise exposure levels, and to account for night-time aircraft noise exposure which is not currently considered. Based on the outcome of this review the ‘inner’ and ‘outer’ noise zones have been reviewed and are proposed to be replaced with four zones, A to D. Zone A reproduces the policy of the existing ‘inner’ zone whilst Zones B and C are consistent with the objectives of the current ‘outer’ zone. In addition, Zone D has been introduced in recognition of the noise levels identified in the WHO Environmental Noise Guidelines 2018 (WHO ENG) which identifies the level at which adverse effects start to occur. Zone D also allows for identification of potentially large noise sensitive developments in the vicinity of the flight paths serving the Airport. Currently no national guidance exists in relation to the management of noise in the planning process. This proposed Variation acknowledges the health impacts of noise in land use planning and sets out updated noise zones to provide for mitigation of the impact of noise on future residential and other noise sensitive uses. The noise zones aim to support future

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sustainable growth and development within lands exposed to aircraft noise, whilst facilitating the effective operation of the airport in line with national policy. Methodology for FCC Noise Zones The noise zones contained in the current FDP provide for unconstrained use of a parallel runway system at Dublin Airport based on forecast 2025 noise exposure contours. It is now considered appropriate to update these existing noise zones to take account of up to date policy and guidance and to again plan forward for a further time period similar to that which was projected in 2005 in relation to existing noise zones. In this regard, the proposed noise zones are based on 2037 unconstrained runway use. A range of policy options were considered by FCC which included an evidence based framework taking into account historic, current and emerging policy and guidance, legislative framework and the scope of land use policy at other airports. This included a review of the effectiveness of FCC’s existing noise zones and highlighted potential changes that may be required to future policy relating to noise zones, including:









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In relation to the use of ‘and/or’, this relates to noise zone A containing both day and night time noise levels and potential for either excess of day time and night-time dB levels to be achieved in this noise zone. b) Regarding the EU 7th Environment Action Programme, this programme sets the agenda

for developments in both policy and legislation. The Commission proposes policies and legislation in this regard and these policies are reflected in Irish legislation. The existing noise zones have integrated policy on noise into the Fingal Development Plan since 2005. This has resulted in improved outcomes for human health as a consequence of permitted development being appropriately mitigated against noise. The proposed Variation improves upon existing guidance and would ensure that greater gains are achieved to reduce noise impact from air, road and rail upon future development. It is considered that the Variation would have regard to the 7th EAP in ensuring integration of policy into the Development Plan.

c) The Noise Action Plan for Dublin Airport 2019-2023 (NAP), December 2018, was drawn up under the Environmental Noise Regulations. Proposed Variation No. 1 to the FDP provides a land use planning framework for the purposes of effective land-use planning and safeguarding the use of the Airport for the Planning and Strategic Infrastructure Department when a planning application is received for a new development in the vicinity of the airport. The proposed revisions to airport noise zones relating to land-use planning and management set out in the proposed Variation are based on potential forecast noise levels which may arise under unconstrained operations in 2037. This is considered an appropriate basis for long term management of noise sensitive developments at the airport. The strategic noise maps from the NAP are based upon an assessment of the annual average noise exposure which was experienced at the airport

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during 2016. These are used to inform the ongoing management of noise from the airport as set out within the NAP. The actions set out in the NAP relating to Land Use Planning and Management seek to review existing land use planning frameworks in so far as they relate to Dublin Airport and to monitor encroachment associated with Dublin Airport to ensure that airport noise policy is appropriately informed through land use planning. This proposed Variation and the draft Dublin Airport Local Area Plan set out land use planning frameworks in this regard. Proposed Variation No. 1 to the FDP and the draft Dublin Airport LAP have been prepared, in part, to deliver on Action 3 in Table 10 of the NAP. The Noise Action Plan maps the current situation with regard to aircraft noise whilst the proposed Variation sets out noise zones relating to potential future aircraft noise. These are different processes with responsibility for mapping different scenarios, which have used the same methodology relating to noise measurements. The NAP was adopted in December 2018 following a period of public consultation. The consideration of the content of the NAP is outside of the scope of this proposed Variation.

d) Fingal County Council’s proposed noise zones take into account a conservative

assessment of noise impact which is the most effective scenario for determining the full scope of noise impact on future development to account for all potential future operating scenarios at the airport. In designing developments it should be assumed that land falling with a certain zone could be exposed to levels of noise up to the upper end of that zone. For example, should land fall within Zone B, then the acoustic design of a development should assume noise exposure of up to 63 dB LAeq, 16hr during daytime periods and 55 dB Lnight for night-time periods, unless site specific analysis determines otherwise.

e) The proposed noise Zones are relevant to proposed new development of residential or

other noise sensitive use. f) The daa forecast aircraft movements for 2037 are based on the operation of a parallel

runway system, which is considered to be the most effective use of parallel runways at the airport. Given this constraint to the future use of the crosswind runway, it is not considered appropriate to incorporate this into the noise zones relating to future land use.

iv. Existing / Future planning applications a) In relation to concerns relating to the development of a new runway at Dublin Airport, the

proposed north runway is currently under construction having been granted permission by FCC and An Bord Pleanala and cannot be reconsidered as part of this proposed Variation to the Fingal Development Plan.

b) In relation to differences between noise associated with the planning permission for the north runway and the noise zones set out in the proposed Variation, the proposed Variation noise zones are to be utilised for the safeguarding and protection of future noise sensitive development from potential future operations which may or may not occur. In this regard, to omit night-time flights, or to apply the conditions of the northern runway would not facilitate this objective and would potentially lead to ineffective safeguarding and for noise sensitive development to be inappropriately located. The noise zones account for potential future operations at the airport, and do not relate to the actual situation at present, nor the consented conditions associated with the North runway. Furthermore, the proposed noise zones do not set out any period by which the

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possible operations may take place. They are for safeguarding of future development from potential operations and form an appropriate land use management tool. They are a conservative combination of possible operational modes for the 2037 forecast. The proposed noise zones are to be used to help manage new noise sensitive developments, and minimise possible encroachment in order to secure the long term development of the airport in line with national policy. They do not reflect a noise impact assessment. The additional noise zones have been introduced to reflect policy guidance from the WHO, including the 2009 Night Noise Guidelines and the 2018 Community Noise Guidelines. For this reason Zone B has been introduced for Lnight, and Zone D to reflect the onset of health effects.

c) The noise modelling to 2037 was undertaken by the acoustics analysts retained by daa, and

reviewed by independent acoustics experts retained by FCC. Prior to the commencement of operations on the North runway, there are no restrictions on night movements at the airport. Following commencement of operations on the North Runway, Condition 5 of the An Bord Pleanala decision for approval restricts the number of night movements at the airport to 65, and Condition 3(d) states that the North runway shall not be used for night movements. The proposed Variation No.1 to the FDP does not change these Conditions. In relation to night restrictions on aircraft, this can only be included as part of any planning permission and any operating restrictions at Dublin Airport must be provided for by the Aircraft Noise Competent Authority after a prescribed public consultation process. The submission of a planning application to amend or remove any conditions would include assessment of environmental impact and impact on European Sites. The Variation is not a consent process for night time flights, but a land use tool for safeguarding against inappropriate location of noise sensitive development in proximity to the airport.

d) The role of FCC as Aircraft Noise Competent Authority (ANCA) is set out within the Aircraft Noise (Dublin Airport) Regulations Act 2019 which has now been enacted. The Variation to the Development Plan is to be used for safeguarding against inappropriate location of noise sensitive development in proximity to the airport. It is not within the remit of the Variation to address the concerns raised.

v. Relocation / impact on residential location

a) The proposed Variation sets out proposals to increase the rural area within which those living within noise zones on rural zoned lands may be considered for an alternative dwelling subject to compliance with the rural settlement strategy. Lands at Thornton Hall are not zoned for residential development and are not in the ownership of FCC. The consideration of this land for residential use is outside of the scope of this proposed Variation. Implementation of the rural settlement policy for the administrative area of Meath County Council is a matter for that Planning Authority. Having regarding to the inclusion of residents within Zone B into the increased area for suitable rural housing sites, this is not considered necessary as there are no noise zone related restrictions on housing in Zone B, unlike those in Zone A.

Having regard to comments on Coolquay and Rivermeade, both are zoned Rural Village – RV. An LAP for Rivermeade was adopted in 2018. There is no requirement that lands for development in these RV zones be retained for rural related housing demand such as that which may be generated proximate to the Airport.

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St. Margaret’s Village is located within the inner noise zone and it is not proposed to provide for additional residential development in the area. St Margaret’s SPA policy seeks to improve the existing village environment.

Existing planning permission for the north runway includes a buy-out scheme for residents within impacted areas. Any future planning application relating to operations at Dublin Airport will consider the potential impact of noise on residents and will need to address mitigation measures including insulation and buy out schemes for any residents impacted by noise.

b) Any future planning application to change operational conditions at Dublin Airport, including any change to the number of flights proposed at night time, will be required to address the impact on residents in the vicinity of the airport and to address mitigation measures. The noise insulation scheme has been established in compliance with Condition 7 of the An Bord Pleanala decision to approve the development of the North Runway. It includes a requirement to review the dwellings eligible for insulation under the scheme every two years. Any property newly found to fall within the contour of 63 dB LAeq 16hr following this review would become eligible for an offer of voluntary noise insulation.

c) In relation to the impact of the noise zones on existing residential zoned lands, Zone B and

Zone C do not propose any restrictions in terms of the quantity of development proposed, rather they propose mitigation measures relating to noise. FCC recognises that Zone B and Zone C extend over areas located on high quality public transport links and within the Metropolitan Area which are suitable for future development. It is considered that the proposal will not impact on the development potential of these areas.

vi Land Use a) The proposed Variation does not provide for changes to underlying zoning objectives.

Recommendation No Change Climate Change FIN-C242-7; FIN-C242-15; FIN-C242-21; FIN-C242-22; FIN-C242-29; FIN-C242-35; FIN-C242-36 Summary of Issues Raised

Submissions raise concern in relation to the contribution of aviation emissions from aircraft and the need to consider emissions from aircraft in transitioning towards a low carbon economy and request that FCC set targets and goals for aviation emissions, noting that FCC’s Climate Change Action Plan does not refer to aviation emissions.

It is noted the aviation growth predictions appear to be based on action not being taken to give effect to the Paris Agreement. The basis for aviation growth predictions used should be set out and should include justification for method used and the Chief Executive’s Report on submissions received should include alternative predictions in ranges consistent with the implementation of the Paris Agreement.

It is requested that consideration be given to considering the differential climate impacts of aviation emissions at different times of day and Fingal County Council should seek expert advice to address the climate impact of flights using Dublin Airport. The Chief Executive’s Report should

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set out the options for control of climate impacts of flights to and from Dublin Airport taking account of the differential impacts of aviation at different times and using different flight paths.

Submissions outline FCC’s obligations under the Climate Action and Low Carbon Development Act to have regard to the National Transition Objective and to the objective of mitigating greenhouse gas emissions

Submissions set out suggestions for mitigation of climate impacts of flights and recommend the Chief Executive’s Report should include analysis of the options for controlling the climate impact of flights to and from Dublin Airport in planning conditions including taking into account time of day and year.

Chief Executive’s Response: As summarised above, 7 no. submissions received made reference to climate change. It is noted some of these submissions reference the draft Local Area Plan and specific content within it. The proposed Variation is a land use management tool to ensure that future development is not significantly impacted by noise operations at the airport. It is not a system for permitting increased flight numbers which can only be undertaken by way of a planning application. Climate change will be addressed as part of the Chief Executive’s report on the Local Area Plan process. The FCC Planning and Strategic Infrastructure Department does not have jurisdiction to introduce controls over aircraft movements or airspace use. Irish Aviation Authority is responsible for airspace design and use. The Aircraft Noise Competent Authority (ANCA) established under the Airport Noise (Dublin Airport) Regulation Act 2019 has exclusive competence in relation to changing or introducing operational restrictions. The ANCA is a department within Fingal County Council which is independent in its function from the Planning and Strategic Infrastructure Department. Recommendation: No changes recommended. Noise from Road and Rail FIN-C242-22 Summary of Issues Raised

Concerns in relation to increased noise from proposed development of car parking and requests that noise from car parking be included in the noise contours

Chief Executive’s Response: Concerns noted. This proposed variation does not provide for parking – any parking proposed in the area would need to be considered as part of a planning application which would be considered under the existing zoning objective for the area to which the application relates.

The noise from road traffic is considered under the European Communities (Environmental Noise) Regulations 2018 which requires strategic noise maps to be reviewed and revised every 5 years. The next round of noise maps will be developed during 2022, and significant change in road traffic noise would be reviewed in the subsequent noise action plan due in 2024.

Recommendation: No changes recommended.

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Rural Housing Policy FIN-C242-35; FIN-C242-36 Summary of issues raised

- Raises concerns that the rural housing policy put forward in the variation will have an impact on residents in Dunbro and St. Margaret’s by moving residents further away due to 5km increase

Chief Executive’s Response: The proposed revision to the rural housing policy seeks to widen the rural area applicable to those with a rural housing need which incorporates and expands upon the 2km threshold contained in the current FDP to provide greater opportunity to avail of suitable sites for rural generated housing. Recommendation: No changes recommended. Red Approach Areas FIN-C242-20; FIN-C242-28; FIN-C242-30; FIN-C242-31; FIN-C242-35; FIN-C242-36 Summary of issues raised

- Outline the negative impacts Red Approach Areas (along with noise zones and Public Safety Zones) have had on restricting development in proximity to the area

- Raises concerns in relation to removal of Red Approach Zones and the objective included in the proposed Variation to refer proposals to IAA and daa and resulting restrictions on planning permissions in the area. Requires removal of daa from objective DA18 as daa are not a consultee for the purpose of aviation safety

- Seeks inclusion in the variation of the effects of the inclusion of a new objective relating to Obstacle Limitation Requirements on development around the airport

Chief Executive’s Response: Impact of various airport related zones on development in proximity to the airport is noted. The various zones (noise, safety, red approach) have been in place for many years in order to protect operations at Dublin Airport, restrict inappropriate development and provide for the safety of those living or working in proximity to the airport. Red Approach Areas provided for a mechanism to refer planning applications in proximity to Dublin Airport to relevant prescribed authorities. The Aerodrome Operators Safeguarding Map provides a planning tool for referral of development to the relevant authorities on a height and use related basis. Article 28 of the Planning and Development Regulations 2001 (as amended) set out a requirement to send notice of planning applications to certain bodies. Article 28 (1) (i) provides for referral to the airport operator where it appears to the authority that the development might interfere with the operation and development of a licensed airport, whose annual traffic is not less than 1 million passenger movements which in this case is daa. The relevant section of the variation provides for referral of certain types of development to IAA and daa for comment during the planning assessment process and does not in itself preclude any particular development. Recommendation: No changes recommended.

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Surface Access FIN-C242-15; FIN-C242-24; FIN-C242-28; FIN-C242-29; FIN-C242-30; FIN-C242-35; FIN-C242-36

Submissions raise concerns in relation to road proposals to west of Dublin Airport (linking N2 and Swords to west of Dublin Airport) which submissions state will result in severance of St Margaret’s and notes lack of detail in relation to the proposed road network west of Dublin Airport.

Concerns raised in relation to airport car parking to west of Airport

Draft Dublin Airport LAP should include a specific study of the potential for cycling and should include cycling routes linking surrounding areas to the Airport including a request for a footpath and cycle path between Rivermeade Estate and St. Margaret’s village and GAA and community complex.

Sets out suggestions for inclusion of an east-west public transport link. Chief Executive’s Response: Concerns raised relate to an indicative road proposal included in the existing FDP (included on Table 7.1 Road Schemes and Map Sheet No. 12). This proposed Variation does not include any proposals in relation to this road proposal nor any proposals for additional parking. The development of any such road will be subject to detailed design including environmental sensitivity appraisal. The proposed Variation does not include any proposals in relation to cycling or additional transport links, the submission relates to the draft Dublin Airport LAP in this regard and consideration of these issues is outside of the scope of the LAP. Recommendation: No changes recommended. Water Quality FIN-C242-29; Summary of Issues Rasied

- Draft Dublin Airport LAP should include specific measures necessary to achieve good status in waterbodies in the area

Chief Executive’s Response: Comments noted, the proposed Variation does not include proposals directly relating to water quality. Recommendation: No changes recommended. SEA FIN-C242-10; FIN-C242-15; FIN-C242-20; FIN-C242-26

Summary of Issues Raised

- daa Noise Preferential Routes should provide for Strategic Environmental Assessment to consider impact of noise preferential routes

- Refers to use of SEA process for the Noise Action Plans and Dublin Airport Masterplan for the proposed Variation

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Chief Executive’s Response:

- The noise zones set out in this proposed Variation seek to provide for effective land use management relating to future residential or other noise sensitive land uses in the vicinity of Dublin Airport. The proposed Variation is not a consent process for operations at Dublin Airport, but a land use tool for safeguarding against inappropriate location of noise sensitive development in proximity to the airport and therefore the impact of noise preferential routes is outside of the scope of the Variation.

- SEA process relating to Noise Action Plans and Dublin Airport Central Masterplan are outside of the scope of this proposed Variation. SEA screening report relating to the proposed Variation refers to other relevant plans and programmes in Appendix I within which the SEA for the Dublin Airport Central Masterplan is referred.

Recommendation:

No changes recommended.

AA FIN-C242-10; FIN-C242-15

- Raises concerns in relation to the impact of noise on SACs and SPAs including impacts on birds and wildlife over Baldoyle estuary

- Screening for the noise action plan Chief Executive’s Response:

Existing flights at Dublin Airport take place on the south runway during both day and night. Following commencement of operations on the north runway, Condition 5 of the An Bord Pleanala decision for approval restricts the number of night movements at the airport to 65, and Condition 3(d) states that the north runway north runwayshall not be used for night movements. The proposed Variation No.1 to the FDP does not change these Conditions. In relation to future changes to aircraft movements, this can only be undertaken as part of any planning permission. The submission of a planning application to amend or remove any conditions would include assessment of environmental impact and impact on European Sites. The proposed Variation is not a consent process for night time flights or increased flights, but a land use tool for safeguarding against inappropriate location of noise sensitive development in proximity to the airport. It does not affect the underlying zoning, nor flight numbers or operations. The matter of screening for the Noise Action Plan is outside the scope of the proposed Variation. Community FIN-C242-19; FIN-C242-24; FIN-C242-28; FIN-C242-30; FIN-C242-35; FIN-C242-36

Summary of issues raised

- Need to balance between airport growth and interests of surrounding communities - Dissatisfaction with community engagement between community and daa and

dissatisfaction with daa Community Liasion Group in accessing information relating to plans for airport lands

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Chief Executive’s Response: The concerns raised in the submission are noted. The proposed Variation sets out an increase in the rural area within which applicants with a rural housing need can be considered, on suitable sites, for permission. Furthermore, the proposed amendment to the airport noise zones attempts to facilitate sustainable development in appropriately zoned lands while ensuring that the impact of potential future use of the airport does not impact significantly on future development in terms of noise and residential amenity.

The proposed Variation is for the purpose of updating the Development Plan to take into account improved knowledge on noise from air, road and rail. Communication between the daa and local communities is outside of the scope of the proposed Variation.

Recommendation: No changes recommended. Process FIN-C242-25 Summary of issues raised

- Suggests improvements needed in raising awareness in relation to the Variation and Draft Dublin Airport LAP

Chief Executive’s Response: The concerns raised in the submission are noted. As outlined on page 2 of this report a significant statutory public consultation process was undertaken, including publication of notices in newspapers, provision of documentation at all Fingal County Council offices, and at all FCC libraries; a general and targeted social media campaign (Facebook and Twitter) advising of public meetings and dates for submissions to be made; briefing sessions for Elected Members and two public information evenings in Swords and at Dublin Airport. Recommendation: No changes recommended. Other issues raised FIN-C242-22; FIN-C242-35; FIN-C242-36

Summary of issues raised:

- Concerns in relation to anti-social behaviour and neglect of properties in the vicinity of the airport

- Need for maintenance of roads and hedges

- Raises concerns in relation to development of a third terminal on the west side of Dublin Airport

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Chief Executive’s Response: The issues raised are outside of the scope of the proposed Variation. Recommendation: No changes recommended.

5 Summary of Recommendations

Proposed Variation No. 1 to the Fingal Development Plan provides for consistency with national and regional policy including the National Planning Framework and the Eastern and Midland Regional Spatial and Economic Strategy, including NPF National Strategic Objective NSO4 relating to the strategic importance of Dublin Airport in relation to international connectivity and National Policy Objective NPO 65 relating to pro-active management of noise. The proposed Variation also provides for the implementation of measures identified in relevant Noise Action Plans related to land use planning as well as specific measures in relation to rural housing within areas most impacted upon by noise. The detailed consideration of submissions made during public consultation of the proposed Variation finds that no further changes are necessary.

6 Overall Recommendations

It is recommended that the Council make proposed Variation No. 1 to the Fingal Development Plan 2017-2023 as proposed by passing the following resolution: That Fingal County Council having prepared and published the proposed Variation No. 1 to the Fingal Development Plan and having taken into consideration the representations received and having considered the report of the Chief Executive hereby resolves pursuant to Section 13(5) of the Planning and Development Act to adopt proposed Variation No. 1 to the Fingal Development Plan.

fingal county council chief executive’s report … · includes a copy of epa submissions in...

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