I wish to make an observation on the appeal lodged by Weston Limited in relation to the above planning application. Length of Runway The current runway at 800m is significantly shorter than the application states, should the appeal succeed the runway length would then extend to 1199m. This would have serious implications, including providing for larger aircraft to take off and land, Weston, may also in time, seek Code 3 status.

It should also be noted that no current permission provides for a runway in Kildare the structure in Kildare is a stopway clearway. Kildare County Council were requested in August 2009 to investigate the unauthorised use of the stopway clearway(UD 1718).

I refer to Planning Reference 06/334 and PL 09.218796 which was granted with 4 conditions the two below are subject to investigation. (1) The stopway/clearway shall not be used for the take-off of aircraft. Reason: In the interest of clarity and the protection of the amenities of the area. (2) Within one month of the date of this order, the applicant shall submit plans for the written agreement of the planning authority indicating the extent of the clearway and hard shoulder, with the hard shoulder clearly delineated with white line markings of appropriate width in accordance with the standard requirements of the Irish Aviation Authority Reason: In the interest of clarity I receive ongoing complaints about planes lining up for take off from the stopway clearway.

The applicant states in a letter dated 14th November 2008 “Nothing in this application increases the size or capacity of aircraft to that currently using the airport. I take serious issue with this statement, given that they are seeking a large extension to the runway, and the provision of a runway for the first time in County Kildare, where permission has only previously been granted for a stopway/clearway.

Unauthorised Development – Use of stopway/clearway 25th August 2003 Kildare County Council issued an enforcement notice there were 3 issues that required to be addressed. What triggered the Enforcement notice was the construction of a paved area, resembling an extension to the runway. This was followed by an enforcement notice on 28th August 2003. Weston Ltd had claimed it was “exempted development”, which the Council did not accept.

The Council stated they were willing to accept “that the “runway end safety zone” as required by the IAO and constructed to the west south west of the runway strip be soiled over with topsoil and seeded with grass within one week of the date of this letter so as not to be conspicuous from land or air. That Weston Airport strictly complies with the conditions of the planning permission 98/876, with specific reference to condition 2. That “runway end safety zone” not be used for any aircraft movement, unless in the case of an emergency overrun of the stopway.” The area was subsequently soiled over but removed in June 2005 without penalty.

PL 09. 218796 which was granted in February 2009 allowed the retention of the tarmaced hard shoulder, approximately 3.5metres wide to either side of the runway and the stopway/clearway for safety reasons. Planning application 08/2018 which was lodged prior to the decision above (PL09.218796) and is now subject to appeal states “the application does not comprise of any additional physical works at the Aerodrome, except lighting and installation of the PAPI’s.” Clearly they can state this because they already paved the area which was the subject to the enforcement notice referred to above and only regularized by An Bord Pleanala decision earlier in 2009.

A warning letter UD2823 was issued 16/5/05, the key issue here was “the unauthorised use of the stopway/clearway for the takeoff and landing of planes.” I also refer to the decision made by An Bord Pleanala on 8th December 2003 PL O6S 131149 Condition 2 (b) refers to any material change in the type or capacity of existing aircraft using the aerodrome would require a further planning permission. While this is not sought in the current application, a longer runway would inevitably lead to intensification. This was repeated in PL09.218796. Stopway Clearway Planning Permission – Department of Defense Safeguarding.

Planning Application 98/876 (June 08) was applied for by Weston Aerodrome Limited in 1998, in which they sought “the provision of a 457m long by 23M wide paved stopway/clearway and a small infill paved area 50.9m long x23m wide to the existing runway with associated drainage and fencing at Weston Aerodrome. The subject site of this application was a farm (known locally as Egan’s farm or Corduff Farm, Backweston).

On the 5th August 1998, the Irish Aviation Authority wrote to the County Secretary, they stated “With regard to the “notes” submitted by the applicant, I wish to advise that the Irish Aviation Authority has never stated that the “safety measure of most immediate concern” is the provision of a maneuvering area known as a stopway/clearway. Also, the Authority will not be “imposing” safety regulation which require the provision of a stopway or clearway.” Just as interestingly they also state in the same letter “It should be noted that the ICAO publication entitled “Aerodrome Design Manual Part 1 – Runways” (Doc. 9157) notes that stopways may frequently be an economical first stage in the extension of an existing runway. The manual also notes that the establishment of a stopway is operationally equivalent for the aeroplane to a lengthening of the runway.”

In a letter to Kildare County Council 29th April 2005 the Department of Defense dealt with the issue of code 2 safeguarding and referred to the runway/stopway as follows: “aeroplane reference field lengths” are made up of the Take-off run Available (TORA) which is the paved runway, the Take-off Distance Available (TODA) which may include a clearway, the Accelerate Stop Distance Available (ASDA). The implication of this on Weston is that the field length of an 850m long runway plus 450m stopway plus any clearway they may declare, makes the runway “code 3” allowing operations of larger aircraft. However, safeguarding is only for “code 2 runway.

Later in the same letter the Department states “It is the contention of this Department that from a safety and operational perspective any development at Weston would require a reorientation of the runway to take traffic away from Baldonnell rather than the current extension to the existing runway which would have the effect of bringing large high powered executive jets into Baldonnell airspace and directly across its flight paths.” Code 2 Safeguarding -

Natural Justice: Basically the Code 2 Safeguarding imposed in the Kildare County Development Plan had the effect of sterilizing surrounding land from any future development. One issue Kildare County Council sought additional information on (08/2018) was the economic impact on neighboring properties both private residences and businesses. The response was to provide a letter from an auctioneer which indicated little or no impact. Which is not a view accepted by most of those who surround the Aerodrome. A further response in the appeal to An Bord Pleanala talks of property prices improving in the vicinity of Airports and they highlight land surrounding Dublin Airport as evidence. A valuation of the various properties surrounding Weston was not in fact done. There is an issue of natural justice, in that safeguarding was imposed on the neighboring properties without any compensation. Weston, which is a wholly commercial operation, gained considerable benefit at the expense of neighboring properties.

The proposed “relocation” may have the effect of sterilizing further land west into Kildare. “Weston Executive Airport” have made a recent submission to the review of Kildare County Development Plan in which they dispute the description contained in the current plan. From my reading of the submission the Code 2 imposed by Kildare related to the Runway and not the stopway/clearway, should the runway be relocated and should Kildare Continue to only apply Code 2 safeguarding to the runway it would have implications in relation to the steralisation of further lands. (I attach a copy of their submission)

Prior to the imposition of the Code 2 Safeguarding Kildare County Council received the following legal advice. “the permission granted 98/867 could not be considered to be for what constitutes and “Airport” as the permission does not allow normal take off and landing. Therefore the claim that “the current use of the property as an Airport is permitted by planning permission” is fundamentally unfounded in fact. No permission for an Airport was ever applied for, let alone granted for the “property” i.e. Corduff Stud Farm, Backweston Park, Leixlip, Co. Kildare. It was always a stud farm right up to 14/8/03 when Weston machines moved in. Except for the stopway clearway applied for in 98/876 the Aerodrome facility at Weston with its code 1 status is wholly located in County Dublin.

The unauthorised runway of 700mx35m plus built on foot of the permission granted for a stopway/clearway would constitute a major material change in the use permitted and would have to be applied for stating the full extent of the proposed development. One of the two reasons given for refusing permission on 08/2018 was as follows: 2. The proposed development would seriously injure the amenities or depreciate the value of property in the vicinity and would therefore be contrary to the proper planning and sustainable development of the area. Safety Reasons?

Safety:  On each occasion Weston have applied for permission they have stated it was for safety reasons. Weston is a wholly commercial operation, the intention of such a facility is to maximize profits for the owners of the establishment. Communities and individuals who live in close proximity to the Aerodrome have more than a vested interest in safety, however, in addition to safety issues such as the potential use by larger aircraft, the profile of use of the stopway/clearway, as referred to above, indicate the commercial aspect of the development are at least as important to the applicant as safety.

The Aerodrome is located in close proximity to built up area’s of Leixlip, Lucan, Maynooth and Celbridge, there are schools, multinational Industries, a motorway and there is an expectation that development will occur on land in close proximity to the flight paths, which may further restrict aircraft movements. In the non technical summary of the initial EIS the applicant states; “the site is located in a semi rural area which is surrounded by agricultural land and ribbon one off housing along the roadway etc. I also wish to point out Weston exists within an area where there are airspace conflicts i.e. Dublin Airport and Baldonnell. • Planning Application 98/876 for a stopway/clearway – was sought on safety grounds. • Planning Application 05/2699 and 06/334 - sought the widening of the stopway/clearway - for safety reasons. • Code 2 Safeguarding – was sought for safety reasons. • Current application – states the objective of changing the runway layout is to increase safety at Weston.

Noise:  The EIS, refers to Aircraft noise and in so doing minimizes its impact, in fact noise has been a constant problem to neighboring communities over many years. One part of the problem is the non adherence to the defined flight paths, something I have personally witnessed on many occasions. I attended one of the briefing meetings held at Weston Aerodrome last Autumn, at which members of the public made similar complaints, there is a basic lack of trust, because of constant breaches of planning regulations, flight paths etc.

Review of Kildare County Development Plan. One of the two reasons why Kildare County Council refused permission was because it would require a Material Contravention of the County Development Plan. The submission they made seems to primarily refer to the description of Code 2 safeguarding only.

In summary:

• A large extension to the runway is being sought.

• Permission is being sought for a Runway on Weston lands in Kildare, for the first time.

• There is an unresolved issue in relation to an unauthorised development, yet this application is not seeking a retention, this I believe is sufficient grounds on its own for a refusal, in that planning laws provide for retention, however, the fees are significantly more for a retention as opposed to a new application.

• Weston is a commercial operation and the application should be viewed as such.

• Code 2 Safeguarding may be further expanded and Code 3 ultimately sought.

• The constant problem with noise is inadequately dealt with in the EIS, it is presumed the noise problem is contained within the site, in fact it extends to the flight paths, particularly at the take off and landing stages. I request that my observations are taken into account and I respectfully request that An Bord Pleanala upholds the decision made by Kildare County Council.

KILDARE COUNTY COUNCIL DECISION

Re: Planning Permission is sought to centrally relocate the existing runways 07 and 25 to midway between the airport boundaries, incorporating the existing stopway, to include the provision of Precision Approach Path Indicators (PAPIs) This will also include runway end safety areas of 180 metres. The change in runway layout will retain the present runway category (ICAO code 2b) and aerodrome licensing requirements on aircraft size. Nothing in this application increases the size of capacity of aircraft to that currently using the airport. The runway distance will be 1199 metres, the full extent of ICAO Code 2b limitations. This is necessitated by the landing distance restrictions imposed by the use of Precision Approach Path Indicators (PAPIs). The runway declared operational distances, as published in Aeronautical Information Publication Ireland, will not be increased by this application, This application is made solely in the interest of increased safety standards and the promotion of noise abatement. An EIS has been prepared in relation to this application, all on lands at Weston Aerodrome, Leixlip, Co. Kildare. Weston Ltd. 08/2018

1. The proposed development which involves the relocation of the existing runway would involve the alteration and extension of existing Obstacle Limitation Surfaces (including the Approach Area) as outlined in Section 24.4 and Map 24.1 of the Kildare County Development Plan 2006-2011. The proposed development would be premature pending a variation of the County Development Plan 2005-2011 or until new/altered/relocated Obstacle Limitation Surfaces are provided for in the forthcoming County Development Plan, 2011-2017. Accordingly it is considered that the proposed development would materially contravene the provisions of Section 24.4 and Map 24.1 of the County Development Plan 2005-2011 and would therefore be contrary to the proper planning and sustainable development of the area.

2. The proposed development would seriously injure the amenities or depreciate the value of property in the vicinity and would therefore be contrary to the proper planning and sustainable development of the area.