Airport operator DAA tells High Court 65 flights per night restriction lacks clarity and could be interpreted in different ways
Lawyers for DAA said that failure to comply within six weeks of the notice, issued by Fingal County Council, is a criminal offence but DAA is still not 'entirely clear' about the notice’s demands. Photograph: Colin Keegan/Collins
The high stakes for noncompliance brings a consequent requirement for precision in an enforcement notice, said Brian Kennedy SC as he opened his client’s case on Tuesday. Mr Kennedy said the notice purports to require his client to take certain “ambiguous” steps that have “very significant consequences” for the airport’s operation. It requires 11pm-7am flights to reduce to 65 per night, but there are different ways of interpreting this direction, the court heard.
Mr Kennedy asked the court if DAA should be expected to “discommode” 705,000 passengers on the basis that this “may” be the correct interpretation of the notice. Another reading would disrupt 45,000 passengers, he said.
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