Regional Development Minister agrees to vesting of land in Derry City Council

The current City of Derry Airport manager remains temporarily suspended whilst an internal investigation takes place into the failure [absence?] of safety management systems and today the Minister for Regional Development, Conor Murphy, issued a statement in which he agreed that a vesting order enabling Derry City Council to acquire lands adjoining City of Derry Airport could go ahead – in effect a compulsory purchase of the land. The Department also issued a separate statement [Word doc], and released other documents – the Report of Inquiry into the vesting of land [doc again] – which was submitted on 6th June 2007, with an addendum on 2nd July – the schedule of land to be vested [pdf file], a map of that land [pdf file] and the Vesting Order [doc again]..The text of the Vesting Order [Word doc file]

DEPARTMENT FOR REGIONAL DEVELOPMENT
LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972
LOCAL GOVERNMENT (COMPULSORY ACQUISITION OF LAND) REGULATIONS (NORTHERN IRELAND) 1972
LOCAL GOVERNMENT (COMPULSORY ACQUISITION OF LAND) AMENDMENT REGULATIONS (NORTHERN IRELAND) 1983
THE AIRPORTS (NORTHERN IRELAND) ORDER 1994

SAFETY IMPROVEMENT WORKS AT CITY OF DERRY AIRPORT

VESTING ORDER

WHEREAS Derry City Council in pursuance of the provisions of the Local Government Act (Northern Ireland) 1972; Local Government (Compulsory Acquisition of Land) Regulations (Northern Ireland) 1975; Local Government (Compulsory Acquisition of Land) Amendment Regulations (Northern Ireland) 1983; and The Airports (Northern Ireland) Order 1994 has applied to the Department for Regional Development for an order vesting the land described in the Schedule in the said Council in accordance with and subject to the provisions of the above Act, Regulations and Order and WHEREAS Derry City Council gave the prescribed Notice and published the prescribed Notice of its application,

NOW THEREFORE the Department for Regional Development in exercise of the powers vested in it by the above mentioned Act, Regulations and Order hereby orders and declares that the land described in the Schedule hereto and more particularly delineated and described on the map attached hereto shall vest in the said Derry City Council for an estate in fee simple freed and discharged from all claims or estates whatsoever in accordance with and subject to the provisions of the said Act, Regulations and Order.

Dated this day of 2007

SEALED with the Official Seal of the )
DEPARTMENT FOR REGIONAL )
DEVELOPMENT in the presence of: )
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A Senior Officer of the Department )
for Regional Development )

And from the Departmental Statement [Word doc file]

4. CONSIDERATION OF THE INSPECTOR’S REPORT

The Department has noted the conclusions of the Inspector that the Scheme is essential for the prudent and safe management of the airport and that it is in the public interest.

Since the closure of the public inquiry, the Council has informed the Department that an agreement in principle has been reached with the Crown Estates and the RSPB to obtain rights over lands beyond the eastern end of the runway to be able to construct a 90 metre eastern end RESA. The Department accepts the advice of the Inspector and his independent technical expert that this development will not affect the land take as proposed at the western end of the runway. Consequently, the Department agrees with the recommendation that the vesting order should be made in accordance with the application submitted by the Council.

In relation to the property occupied by Miss Harper, the Department notes that the Council is prepared to consider the possibility of her remaining in her dwelling subject to the provision of an aircraft warning device on the roof.

In the matter of access by Mr & Mrs McLoughlin to their remainder land, the Department agrees with the Inspector that the issue is one for settlement within the compensation code.

Finally, the Department concurs with the Inspector’s recommendation that the Council should continue efforts to facilitate the relocation of the landowners concerned. As regards allowing reasonable time before taking possession of the land, the Department recommends that such allowance should be made within the context of the safe and efficient operation of the airport.