South Dublin county councillors yesterday gave planning permission - subject to 40 conditions - for the 45,000-seat Eircom Park stadium to be developed by the Football Association of Ireland (FAI).
The stadium, which is to double as a concert venue, will have a retractable roof and is estimated to cost £90 million.
The councillors rejected objections from the Department of Defence, which maintained that the development was unacceptably high, being so close to Casement Aerodrome at Baldonnel.
In a submission to the council last June, the Department said that almost 20,000 air traffic movements had taken place in 1998, more than 50 per day. It said many of these flights were over the Eircom Park site, and an exclusion order on high structures within four kilometres of the aerodrome was required.
However, in July the council varied its development plan, reducing the restriction zone around the aerodrome to 2.5 km. At yesterday's meeting councillors insisted that, because of rising ground as south Dublin approaches the Dublin mountains, the Department's restrictions could eliminate much of the council's housing programme.
In his report, the county manager, Mr Frank Kavanagh, said his role was purely advisory, as the decision was for the members. He advised that permission would be valid subject to 40 conditions, one of which was an independent safety report, commissioned by the FAI, which would satisfy the council and the Department that the development was safe.
However, the members felt that such a condition allowed the Department of Defence a veto over the project.
As yesterday afternoon's meeting progressed, the members sent for their law agent, Mr Adrian O'Gorman, to clarify this and other aspects of the issue. Mr Pat Rabbitte asked if the requirement to consider Government policy implied that they had to adhere to Government policy or merely consider it.
Ultimately, the members decided that they were not constrained by the Department's requirements, which Ms Therese Ridge described as "unreasonable".
In approving the permission for Eircom Park the members tabled an amendment to the manager's advice, essentially changing the condition that the Department be satisfied by an independent safety report to a condition that the council be satisfied by an independent safety report.
