A decision is to be given by the Supreme Court this afternoon on whether the two planned U2 concerts at Lansdowne Road, Dublin, at the end of this month can go ahead. At the end of a two-day appeal yesterday, the presiding judge, Mrs Justice Denham, who sat with Mr Justice Barrington and Mr Justice Keane, said the court would reserve its judgment until this afternoon.
The appeal was against a High Court order last Monday restraining the Irish Rugby Football Union, owners of the stadium, from holding the concerts on August 30th and 31st. The order was made on the application of three local residents after the High Court ruled that holding pop concerts was a "material change of use" which required planning permission.
The proceedings were taken by Mr John Mahon, Ms Sharon McGrath and Ms Oonagh O'Reilly (nee Killeen), all of whom have addresses at Lansdowne Road.
In separate proceedings brought earlier this month by Dublin Corporation, it indicated that it was prepared to permit the two concerts to go ahead on the basis that court clarification would be obtained later on planning permission for concerts.
During yesterday's hearing, Mr Paul Galligan, counsel for the applicants, said the question of noise was a material consideration. The planning authority may decide to grant planning permission subject to conditions, including means to reduce noise.
The use of the lands for concerts was a more intensive use than for a sports stadium. There was the question of three concerts being held at the venue within three months. The question was whether that constituted an intensification of use, such as to raise planning considerations.
Mr Galligan said the planning code clearly provided for public participation, where objections could be made. His clients had not been consulted over the holding of the concerts. Two days before the Celine Dion concert in June, a notice had been sent informing residents of traffic restrictions. It was not sufficient just for a letter to be sent informing the recipients that various matters were under control.
One could not compare rugby or soccer matches with concerts where preparation and withdrawal would go on over 10 or 14 days and the noise level was higher.
Mr Colm Allen SC, for the IRFU, said the residents' side appeared to suggest that there was a "composite" use development at Lansdowne Road, with the Dion concert and now the two U2 concerts in three months. It was claimed there had been an occasional use which had been abandoned in 1992.
But the first concert had been held at Lansdowne in 1989. How could it be claimed there was an abandonment of occasional use in 1992, when it was acknowledged by the applicants that the IRFU indicated they would be consulted about the staging of any further concerts.
Mr Allen asked why no action had been taken by the applicants in 1995, when the Voices of the World concert - given by many choirs - was held. Had there been any complaint about the Dion concert, action could have been taken. There had been plenty of time for representations.