Pat Breen (Clare, Fine Gael)
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Question 267: To ask the Minister for Transport the then existing and proposed runways which were shown safeguarded by means of red solid zones with respect to the airport development plan prepared by his Department for Dublin Airport on 11 March 1968; the length of each such red zone together with the respective lengths as outlined on the said plan of each of the new and existing, safeguarded, runways inclusive of any proposed extensions in the case of the latter; and if he will make a statement on the matter. [24356/04]

Martin Cullen (Waterford, Fianna Fail)
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I refer the Deputy to the reply to Question Nos. 111 to 116, inclusive, on 27 February 2002 in which it was stated that the answer to Question No. 111 was contained in a written answer on 30 January 2002 — Dáil Question No. 208 — as follows:

The Irish Aviation Authority was established with effect from 1 January 1994 pursuant to the Irish Aviation Authority Act 1993 to exercise powers and functions in relation to safety of air navigation services and regulation of safety at airports in the State. When consulted about proposed developments in the so called red zones, the IAA advises the planning authorities of any conflict with international aviation safety requirements, and also draws their attention to increased public safety risks in those areas.

The Air Navigation and Transport (Amendment) Act 1998 requires Aer Rianta to take all proper measures for safety, security, management, control, regulation, operation, marketing and development of its airports. In discharge of that statutory duty, it is a matter for Aer Rianta to decide what representations, if any, it should make to the relevant planning authorities in respect of proposed developments within or in proximity to the State airports.

The planning authorities have the normal statutory responsibility to regulate development in their area. In doing this, they take account of a wide variety of concerns, including public safety.

The red zones at airports were developed in the 1960s to indicate to the local authorities the areas in which development may need to be restricted, in the interests of aviation safety specifically, and public safety generally. The red zones have traditionally had two functions, namely the aviation safety function of avoiding developments which, potentially, because of their height, may interfere with safe take-off and landing of aircraft, but also avoiding developments which, because of their location, would add to public safety risks to people on the ground.

This Department, in conjunction with the Department of the Environment, Heritage and Local Government, has commissioned consultants to make recommendations for public safety zones in the vicinity of Dublin Airport. The recommendations of the consultants, ERM, will specifically deal with the risk to people on the ground.

The work, when completed, will clarify that the primary agency in relation to aviation safety assessments will continue to be the Irish Aviation Authority, whereas the primary agency in assessing public safety risks will be the relevant planning authority itself. In any event, the planning authorities in accordance with their own statutory obligations, and ultimately, An Bord Pleanála, will continue to decide whether specific developments in the vicinity of airports receive planning permission.

When the study is completed, the Department of the Environment and Local Government will issue planning guidelines in accordance with the Planning Acts to the local authorities to assist them in their consideration of the public safety aspects of planning applications in the vicinity of airports.

I hope that the analysis by my Department and the Department of the Environment, Heritage and Local Government of the now completed ERM report will be ready for consideration by the Government very shortly.

The IAA is not responsible for producing or publishing safeguarding maps for licensed aerodromes including the State airports. This is a responsibility for the owners or operators of such licensed aerodromes.

The red safety areas for existing runways at Dublin Airport are similar in shape to those of the International Civil Aviation Organisation annex 14 approach surface projected on to the ground. The respective sizes of the red safety areas for these runways are as follows:

S.I. No. 14 of 2002 was made by the IAA in exercise of the powers conferred on that body under the Irish Aviation Authority Act 1993. In accordance with the Act, the IAA does not require ministerial approval prior to making these orders. I am informed by the IAA that this order defines obstacles to aircraft in flight for the purpose of airspace protection in the State at, adjacent to and in the vicinity of aerodromes and elsewhere and specifies reporting and information requirements. These are new definitions and do not revoke or amend previous ones.

In relation to annexes 4 and 14 of the Chicago Convention, the IAA will inform any interested parties where they may be purchased. In addition the authority will be publishing relevant material on the IAA website www.iaa.ie.

Pat Breen (Clare, Fine Gael)
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Question 268: To ask the Minister for Transport if the airport development plan prepared by his Department for Dublin Airport on 11 March 1968 was subsequently forwarded to Dublin County Council; the date of such forwarding; if the red zones so denoted thereon were designated by his Department prior to such date of forwarding; if not, if they were subsequently designated by Dublin County Council and the date of such designation; and if he will make a statement on the matter. [24357/04]

Martin Cullen (Waterford, Fianna Fail)
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As mentioned in previous replies to the House on this subject, the current red zones were formally established in 1968. On further examination it is not possible to provide a more precise date. The then Department of Transport and Power was originally responsible for proposing the establishment of the zones, which were approved and incorporated in the local authorities' development plans. Development within those red zones is controlled by the local authorities through the Planning Acts.

Pat Breen (Clare, Fine Gael)
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Question 269: To ask the Minister for Transport further to Parliamentary Question No. 453 of 15 June 2004, if, prior to the establishment of the Irish Aviation Authority, any statutory requirement existed for either the reporting of obstacles to his Department or the marking and lighting of such obstacles; if so, if his attention has been drawn to when red obstacle lights were originally erected on the then Team Aer Lingus building; and if he will make a statement on the matter. [24358/04]

Pat Breen (Clare, Fine Gael)
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Question 270: To ask the Minister for Transport further to Parliamentary Question No. 453 of 15 June 2004, if his Department was consulted at planning stage in respect of the then proposed Team Aer Lingus building; if his attention has been drawn to the fact that such proposed building had the potential to breach the ICAO aerodrome obstacle chart, type A, for runway 11/29 at Dublin Airport by a massive 19.5 metres; if he had reservations regarding same; if he made formal observations regarding such a serious matter to the planning authority or to Aer Lingus; and if he will make a statement on the matter. [24359/04]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 269 and 270 together.

I am advised by the IAA, Irish Aviation Authority, that, prior to the establishment its establishment in 1994, there was no formal or statutory obstacle reporting requirement, nor such a requirement for obstruction lights. However, I am advised by the DAA, Dublin Airport Authority, that obstruction lights were installed on the Team Aer Lingus building during the course of its construction. I am not aware of any consultations which took place at the planning stage of the Team Aer Lingus building.

Pat Breen (Clare, Fine Gael)
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Question 271: To ask the Minister for Transport if his attention has been drawn to the fact that in a letter of appeal to An Bord Pleanála it was stated that red safety areas are part of a well established principle of land use planning and that development should be restricted in the vicinity of aircraft runways and that this is meant to capture property not necessarily owned or occupied by the operator of the airport; if the capture of such an incorporeal hereditament in the immediate vicinity of runways was and still remains an established policy on the part of his Department; and if he will make a statement on the matter. [24360/04]

Martin Cullen (Waterford, Fianna Fail)
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My Department does not appeal planning applications of the kind mentioned in by the Deputy in his question. The appeal mentioned by the Deputy was made by Aer Rianta.

The Air Navigation and Transport (Amendment) Act 1998 requires Aer Rianta — now the Dublin Airport Authority — to take all proper measures for the safety, security, management, control, regulation, operation, marketing and development of its airports. In discharge of that statutory duty, it is a matter for that authority to decide what representations, if any, it should make to the relevant planning authorities in respect of proposed developments within or in proximity to the State airports.

The planning authorities have the normal statutory responsibility to regulate development in their areas. In doing this, they take account of a wide variety of concerns, including public safety.

My Department, in conjunction with the Department of Environment, Heritage and Local Government, is considering a report by ERM, Environmental Resource Management, on the issue of public safety zones at the State airports. Following detailed consideration of its conclusions, I hope that both Departments' analysis of this report, which deals comprehensively with the issue of public safety on the ground in the vicinity of the airports, including guidelines for the use of land, will be ready for consideration by the Government very shortly.