New legislation may affect landowners around airport

The move follows a decision to close down the secondary runway which was rarely used and incurring high maintenance costs.

A letter sent to a number of 'consultees' invites them to make comments on the DRD's proposal to introduce new legislation which will revoke and replace the existing Eglinton Control Over Land Order 1989 and designate specific areas of land surrounding City of Derry Airport (CODA) to be subject to control by directions from the Department.

It says: "Such directions would be issued only in those circumstances where it is necessary to secure the safe and efficient operation of the airport" adding: "Following an approach from CODA, following the closure of the secondary runway at the airport, the Department is proposing to make the Order to introduce legislation that will revoke and replace the existing Order for controlling areas of land as identified on the attached map.

"There are only slight variations to the existing area of control which reflect the current airport operations. This would as with the current Order then allow for Directions to be made where they are deemed necessary to cover a specified area or situation to ensure the continued safe and efficient operation of the airport. Where it is deemed necessary for air safety reasons, directions may require the demolition of buildings, the removal of structures, the extinguishment of rights of way, and/or the topping of trees. Directions may also prohibit the erection of high structures such as pylons or wind farms. Clearly the precise impact of the directions will vary depending on the distance from the runway and the altitude of the land. Directions would not be needed if matters could be otherwise resolved directly between the airport operator and the land or property owner. Compensation may be payable by the airport operator in respect of work or prohibitions required by a Direction."

A spokesperson for City of Derry Airport said that under legislation all airports in Northern Ireland are required to advise the Department of Regional Development of any changes to lands already subject to a Control Over Land Order. City of Derry Airport has had an Order in place since 1989.

The spokesperson added: "Historically, the City of Derry Airport had two active runways known as the main runway and the secondary runway. The secondary runway was used on a limited basis and in 2009 it was taken out of operation due to this limited use and high maintenance costs. This was advised to DRD who are now consulting on the revised Control Over Land Order to reflect the non-use of the secondary runway and to include the additional lands included in the completed Runway End Safety Areas (RESAs) and safety works for the main runway.

"The legislation governing Control Over Land and the subsequent Orders assist in safeguarding the approaches and take-off slopes at the City of Derry Airport and are helpful for clarification on operational and planning matters. The main function of the legislation is about safety and safeguarding approaches. The Order does not determine future land use or requirements and does not inform any potential land development in that area. It is not used for informing vesting or investment decisions. It is simply a legislative requirement that is primarily about safeguarding safety at the airport. The proposed amendment to the Order was initiated by Derry City Council in advance of any governance reform at City of Derry Airport. “

The spokesperson added that the secondary runway was not used for scheduled services and “was only an alternative short runway for light aircraft when there was a strong crosswind. Its closure had no operational impact on services as the runway had limited use”.

“The CAA and airline operators were advised. The priority investment for the Airport remains with the main runway which has undergone significant investment in related safety works including the Runway End Safety Areas. (RESAs). There was no economic rationale for investing a further 3m in a secondary runway that has limited use,” she said.