S.I. No. 280/1999 - Transport (Dublin Light Rail) Act, 1996 (Line B -St. Stephen's Green To Sandyford Industrial Estate Light Railway) Order, 1999.

1. Prior to the attaching of catinary wires to any buildings in Harcourt Street or St. Stephen's Green area, the Board to supply, for the agreement of Dublin Corporation, appropriately detailed drawings of the proposed connections. In default of agreement between Dublin Corporation and the Board, the matter shall be determined by the Minister for Public Enterprise.

2. Prior to the submission of the aforementioned drawings for the approval of Dublin Corporation, the comments of the Irish Georgian Society, 74 Merrion Square, Dublin, concerning the proposals, are to be sought by the Board. Any representations made by the Irish Georgian Society as a result of such exchange of information shall be included in the documents to be presented to the local authority.

3. Prior to the commencement of development under this Light Railway Order, the Board shall submit, for the agreement of Dublin Corporation and the observations of Kivaway Ltd., design details of the proposed relocation of the stop at Harcourt Street to the centre of that road. Such drawings should be at a scale of not less than 1:200. In default of agreement, the matter shll be determined by the Minister for Public Enterprise.

4. Prior to the commencement of the development of the Charlemont stop, the Board shall submit, for the agreement of the owners of the Stakis Hotel and Dublin Corporation, appropriately dimensioned and detailed plans, sections and elevations at a scale of not less than 1:100 in respect of the proposed re-design of the access facilities on the northern side of the Grand Canal, immediately adjacent to the Stakis Hotel. In default of agreement between these three parties, the matter shall be determined by the Minister for Public Enterprise.

5. Prior to the commencement of the development, the Board shall submit, for the agreement of Dublin Corporation and the observations of the residents of Elmwood Avenue Upper (through their Residents' Association), a scheme of noise reduction by means of a solid barrier between the rail track and the houses in Elmwood Avenue Upper, the effect of which will be to reduce the noise level by 10 dBA as already agreed between the parties. The method by which this is to be accomplished may be by the lowering of the track, the erection of a solid concrete wall or a combination of both. Any new structure deemed necessary is to be located further away from the houses than the shrub and tree planting proposed for this area. In the absence of agreement as to the method of implementation of this condition, the matter shall be determined by the Minister for Public Enterprise.

6. Prior to the commencement of the use of the light rail line, the Board to submit for the agreement of Dublin Corporation detailed drawings concerning the boundary treatment of the 3.5 metre high electricity sub-station at the rear of Numbers 1-6 Beechwood Avenue. The occupiers of Numbers 1-6 are to receive a copy of all proposals as soon as they are submitted to Dublin Corporation to enable representations to be made by them. In the absence of agreement, the matter shall be determined by the Minister for Public Enterprise.

7. The Board to construct a boundary wall at Beechwood Avenue Upper from Numbers 1-42, save and except those properties bounded by the proposed electricity sub-station. The boundary wall to be of concrete or concrete block construction and to be not less than 2.2 metres high.

8. The Board, following consultation with the property owner, shall construct a wall on the boundary of Number 1, Albany Road and the light rail line. The wall to be 2.75 metres in height over footpath level from the southern boundary of Number 1, Albany Road to the front of the house and 2.5 metres in height from the front of the house to the boundary wall between the front garden and the public footpath. The wall shall be capped in brick and faced in brick on the dwelling house side. The wall shall be completed within three months of the commencement of works in the area of the property. Temporary screening and security arrangements to be agreed between the parties from time to time. In the event of any dispute on the foregoing, the matter shall be determined by the Minister for Public Enterprise.

9. Prior to the commencement of the operation of the light rail line, the Board shall enter into discussions with the owners of Numbers 1-6 Tudor Road to establish the extent to which (if any) the owners of the aforementioned property wish to have work carried out on the boundary walls at the rear of their properties for the purpose of

(a) preventing those using the rail system from viewing their back gardens,

(b) improving the visual aspect of the rear boundary of the property.

In the event of agreement between the parties, the necessary work to be executed by the Board free of charge to the property owner. If the property owners are dissatisfied with the proposal which emerges they may refer the matter to the Minister for Public Enterprise for her decision. No work on the residents' property shall be carried out without the approval of the relevant property owner.

10. The Board shall construct a stone faced boundary wall on the track side of the chain link fencing at the residence of Mr. and Mrs. Gilmore at Richmond Avenue South. The wall to be 2.25 metres high. The wall is to be faced with brick on the side facing the Gilmore property.

11. Prior to the commencement of the development in the area of Richmond Avenue South, the Board shall submit to Dublin Corporation drawings at a scale of not less than 1:200 detailing proposals for the retention of portion of the stone wall at Richmond Avenue South. Prior to the commencement of the aforementioned work, the Board shall seek the written agreement of Dublin Corporation to the proposals contained therein. In default of agreement between the Corporation and the Board, the matter shall be determined by the Minister for Public Enterprise.

12. Prior to the commencement of the development of the sub-station at Patrick Doyle Road, the Board shall submit for the agreement of Dun Laoghaire-Rathdown Co. Council detailed drawings at a scale of not less than 1:200 showing proposals for the facing with limestone of the proposed sub-station in this location. The aforementioned drawings shall include proposals concerning security of the property. In default of agreement between the local authority and the Board, the matter shall be determined by the Minister for Public Enterprise.

13. (a) Prior to the commencement of the use of a temporary compound at The Oaks, the Board shall submit for the agreement of Dun Laoghaire-Rathdown Co. Council detailed plans showing proposals concerning the temporary entrance to The Oaks Estate and the screening of the temporary compound at a scale of not less than 1:200. In default of agreement between Dun Laoghaire-Rathdown Co. Council and the Board, the matter shall be determined by the Minister for Public Enterprise.

(b) Prior to the commencement of the light rail line, a wall shall be erected with a minimal superficial density of 40 kgs/sq. metre extending to a height of 1.2 metres above the rail level between house Numbers 12 and 18, The Oaks Estate. It is noted that it has been agreed that this wall shall be continued as an addition to the retaining wall shown at Plan No. B-RO 9 C-D.

14. The Board shall construct a stone faced boundary wall at the property of Barbara and Owen Patrick Keane at Eglington Terrace off Kilmacud Road Upper to a height of 2.2 metres above existing ground level between the points A & B marked on the sketch drawing submitted by Mr. Keane with his letter to the Public Inquiry into the application by the Board, dated 5

th

May 1999. The intent of this condition is to provide a noise barrier at the Keane property and also to facilitate a 6 metre wide clearance between the wall to be erected and the side of Mr. Keane's property.

15. The Board shall consult with a nominee of Airfield Trust concerning the boundary treatment of the Airfield Trust property and the railway line. In the absence of agreement between the parties, the matter shall be determined by the Minister for Public Enterprise.

16. Prior to the commencement of the development of the Park and Ride facility as authorised under this Light Railway Order, the Board shall submit for the agreement of Dun Laoghaire-Rathdown Co. Council detailed designs of the road network relating to the proposed Park and Ride facility at Balally and its connection to the adjoining road network at a scale not less than 1:200. In default of agreement between Dun Laoghaire-Rathdown Co. Council and the Board, the matter shall be determined by the Minister for Public Enterprise. The road to be constructed from Sandyford Road to the entrance to the Park and Ride facility at Balally shall be constructed to standards agreed with Dun Laoghaire-Rathdown Co. Council. In the absence of agreement, the matter shall be determined by the Minister for Public Enterprise.

17. Prior to submission of the detailed plan concerning the Park and Ride facility at Balally (mentioned in the previous condition), the Board shall enter into formal discussions on the use of the land at Balally with Gannon Homes Ltd. and Dun Laoghaire-Rathdown Co. Council. The purpose of these discussions is to explore the compatibility or otherwise of the uses proposed by Gannon Homes Ltd. with the Park and Ride facility approved under this proposal.

18. Prior to the commencement of development as authorised under this Light Railway Order, the Board shall submit appropriate dimensioned and detailed plans, sections and elevations at a scale of not less than 1:100 in respect of all development at both the depot site at Woodford and the Park and Ride facility at Balally. The plans shall provide details of finished floor levels, all external finishes including choice of materials, samples and colours for the agreement of Dun Laoghaire-Rathdown Co. Council. In default of agreement between the local authority and the Board, the matter shall be determined by the Minister for Public Enterprise.

19. The Park and Ride facility at Balally, decided upon by the Board following the discussions provided for in Condition 17, including the bus interchange facility and mobility impaired and disabled parking, shall be completed prior to the commencement of the light rail operation.

20. The Board shall construct a concrete or concrete block wall on its own property at the rear of Numbers 2-126 Lakelands Close. Map Ref. B-RO 10 A-B and B-RO 10 BC to a nominal height of 2 metres.

21. The Board shall construct, on its own property, a concrete or concrete block wall along the entire length of the site occupied by 129 Lakelands Close to a height of 2.5 metres. The Board shall plant and maintain a screen of mature trees between the railway line and this property. Details of the wall and planting regime to be agreed between the Board and an expert nominated by Mr. and Mrs. Wolfe, the owners of Number 129 Lakelands Close. In the absence of agreement between the parties, the matter shall be determined by the Minister for Public Enterprise.

22. Prior to the commencement of development as authorised under this Light Railway Order, the Board shall submit for the agreement of Dun-Laoghaire Rathdown Co. Council a comprehensive landscape plan, at a scale of not less than 1:200, for the light rail depot and Park and Ride sites, including a full works specification and quantities for the development of landscaping works. This plan shall include proposals on grading, top-soiling, seeding, screen boundary treatment, tree and shrub planting as necessary. In default of agreement between the local authority and the Board the matter shall be determined by the Minister for Public Enterprise. The screening plan at Woodford Estate boundary shall include (but not be limited to) a double staggered line of deciduous trees not more than 3 metres apart. Each tree to be at least 25 cm in circumference, 1 metre from ground level. That line of trees to be supplemented by a double line of evergreen trees of the maximum practical planting size. The trees at Woodford Estate boundary to be planted prior to the commencement of work on the depot site.

23. Prior to the commencement of the construction of the depot at Sandyford, the Board shall submit for the agreement of Dun Laoghaire-Rathdown Co. Council proposals concerning the monitoring of noise emissions at the depot site in accordance with the standards relied upon by the Board at the Public Inquiry into the application by the Board. In default of agreement between the Board and the local authorities, the matter shall be determined by the Minister for Public Enterprise. Details of all such proposals to be given to the chairperson of Woodford Residents' Association.

24. Prior to the commencement of development under this Light Railway Order, the Board shall submit to Dublin Corporation and/or Dun Laoghaire-Rathdown Co. Council (as appropriate) detailed plans concerning the manner in which it is proposed to conform with the obligations imposed on or accepted by the Board concerning landscaping within the administrative area of each local authority. The aforementioned agreement is to be sought in respect of all planting proposals, whether arising as a result of their inclusion in the documents on which the application was based or undertakings given at the Public Inquiry into the application by the Board. In the absence of agreement between the relevant local authority and the Board, the matter shall be determined by the Minister for Public Enterprise. Without prejudice to the generality of the foregoing and to the specific conditions outlined elsewhere, the aforementioned condition is to include proposals in respect of the depot site in general and Woodford Estate boundary in particular, Lakelands Estate, the Forrest property, the Gilmore property, and Elmwood Avenue Upper. The submissions by the Board in compliance with this condition may be made separately in respect of each or some of the properties.

25. It is considered appropriate that advertising should not undermine the character of the public domain. Advertising at each station stop shall be restricted to a small drum as outlined in the Environmental Impact Statement drawing. Any deviation or change from this procedure is to be the subject of a normal planning application. The Board shall remove the unauthorised advertising structure at Milltown Bridge as requested by Dublin Corporation and Dun Laoghaire-Rathdown Co. Council prior to the commencement of the light rail system operation.

26. Prior to the commencement of development under this Light Railway Order, the Board shall establish, or alternatively, cause to be established, or participate in the establishment of, a traffic management committee to represent local authorities, Garda Siochana, utilities and representatives of business (including trade union interests). The composition of this committee shall be determined by the Minister for Public Enterprise. The purpose of this body shall be to co-ordinate the actions of those with statutory responsibility and to approve, monitor and co-ordinate the management of the project at a local level in relation to its interface with the wider community. This body shall supply information to the local liaison committees recommended hereafter.

27. Prior to the commencement of development under this Light Railway Order in any particular area (such areas being areas 7-10 as specified in the Environmental Impact Statement), the Board shall establish or cause to be established, or participate in the establishment of local liaison committees in respect of each area to represent the interest of all statutory authorities likely to be affected including the relevant local authority, Garda Siochana, utilities, business and residential groups. The composition of each such committee shall be determined by the aforementioned traffic management committee and in the absence of agreement shall be determined by the Minister for Public Enterprise. The Board shall have a positive responsibility to ensure that all construction proposals likely to impact on the property and/or business interests of an area are considered by the relevant liaison committee prior to their implementation. The use to be made of each site to be temporarily acquired for the purpose of the construction is to be brought to the attention of the relevant committee.

28. Prior to the commencement of the operation of the light rail system, the Board shall submit to Dublin Corporation and Dun Laoghaire-Rathdown Co. Council for their agreement, a schedule of locations at which it is proposed to monitor the noise emissions from the operation of the light rail system, together with daytime and night-time limits at each location. In the absence of agreement between the Board and the local authorities, the matter shall be determined by the Minister for Public Enterprise.

The Board, in drawing up the schedule of locations and limits thereat, shall be bound by the obligations undertaken during the course of the Public Inquiry, into the application by the Board, and recorded in the report of that Inquiry.

29. Prior to the commencement of development under this Light Railway Order in each sanitary area, the Board shall enter into discussions with the sanitary authority concerning the disposal of surface water generated by the development. The Board shall submit such details and proposals as are deemed necessary by the sanitary authorities for their agreement. In the absence of agreement between the parties, the matter shall be determined by the Minister for Public Enterprise. This condition is to be read in conjunction with a letter dated 22

nd

April 1999 from the Project Engineer of the Board to Dun Laoghaire-Rathdown Co. Council entitled “Utilities Dublin LRT”, (see day 10 - page 166 of the Public Inquiry transcripts).

30. Prior to the commencement of development as authorised under this Light Railway Order, the Board shall submit to Dublin Corporation for its agreement appropriately dimensioned and detailed plans, sections and elevations at a scale of not less than 1:100 in respect of the following bridge structures

(1) Charlemont Place/Grand Parade,

(2) Dartmouth Road.

(3) Northbrook Road.

(4) Ranelagh Road,

(5) Charleston/Cullenswood Road.

(6) Milltown Viaduct.

The Board shall also submit the aforementioned documents in so far as they relate to the Bridge at Charlemont Place/Grand Parade to the Minister for Arts, Heritage, Gaeltacht and the Islands for her approval. In default of agreement between the Board and Dublin Corporation the matter shall be determined by the Minister for Public Enterprise. In default of agreement between the Board and the Minister for Arts, Heritage, Gaeltacht and the Islands the matter shall be determined following consultations between the Minister for Public Enterprise, the Minister for Arts, Heritage, Gaeltacht and the Islands and the Board.

31. Prior to the commencement of development as authorised under this Light Railway Order, the Board shall submit to Dun Laoghaire-Rathdown Co. Council, for its agreement, appropriately dimensioned and detailed plans, sections and elevations at a scale of not less than 1:100 in respect of the following bridge structures

(1) Milltown Viaduct,

(2) Bridge at Dundrum Road/Taney Road,

(3) St. Benildus' College, Pedestrian Bridge and E.S.B. Cable Bridge.

In default of agreement, the matter shall be determined by the Minister for Public Enterprise.

32. The details of lighting authorised under this procedure, as outlined in paragraph 2.1.3 on the report of the Public Inquiry into the application by the Board, shall be agreed with the relevant local authority and determined by the Minister for Public Enterprise in default of agreement.

33. The surface of the proposed cycle pathways are to be developed by the Board at the time of the construction of the light rail line in the interests of orderly planning. However, the responsibility for the commencement of the use of the pathways, together with the carrying out of such additional works as are necessary (e.g. lighting and screening walls), shall be the responsibility of the relevant local authority. The works necessary and the use of the cycle-path must be carried out and commenced under the local authorities own statutory powers.

34. The Board shall submit to the relevant local authorities, for their agreement, before the commencement of the use of each site, details of the proposed use of and screening of each temporary construction site. In the absence of agreement on any matter arising therefrom, the dispute shall be determined by the Minister for Public Enterprise.

35. The trees on the land to be acquired, screening the side of the house occupied by Mr. McGuire at 118 Balally Drive, shall be retained and replaced when necessary by the Board.

36. Prior to the commencement of the works in any area (such areas being areas 7-10 as specified in the Environmental Impact Statement), the Board shall seek the advice of Dúchas on the archaeological significance of the works proposed. The Board shall implement any recommendations received from Dúchas. In the event of any disagreement between the Board and Dúchas on any matter (including the recommendations of Dúchas), the issue shall be determined by the Minister for Public Enterprise.

GIVEN under my Official Seal, this 8th day of September, 1999.

MARY O'ROURKE, T.D.,

Minister for Public Enterprise.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to confer on Córas Iompair Éireann the necessary powers under the Transport (Dublin Light Rail) Act 1996 to construct, maintain and operate a light railway system known as Dublin Light Rail Line B - St. Stephen's Green to Sandyford Industrial Estate. The plans referred to in the Order are available for inspection or purchase at the Dublin Light Rail Office, Heuston Station, Dublin 8.

ARRANGEMENT OF ARTICLES

PART I

Preliminary

1.

Short title.

2.

Interpretation.

3.

Incorporation of enactments.

PART II

Works Provisions

4.

Conditions attaching to the Order.

5.

Construction of works.

6.

General powers of the Board.

7.

Power to alter the layout of public roads.

8.

Temporary closure of roads.

9.

Construction of new roads.

10.

Construction of bridges.

11.

Fixing of brackets to buildings and erection of poles.

12.

Underpinning of buildings.

13.

Discharge of water.

14.

Temporary light railways.

15.

Motive power.

16.

Period for which the Board is authorised to carry out works.

PART III

Acquisition and Possession of Land

17.

Power to acquire land.

18.

Acquisition of easements.

19.

Extinguishment of rights of way.

20.

Use of air space.

21.

Temporary possession of land.

22.

Period in which the Board may compulsorily acquire land and interests in land.

PART IV

MISCELLANEOUS AND GENERAL

23.

Relocation of utility apparatus.

24.

Arbitration.

25.

Agreement between the Board and road authorities.

26.

Interference with roads.

27.

Rights of utilities.

28.

Expenses of Minister.

S.I. No. 280 of 1999.

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996 (LINE B — ST. STEPHEN'S GREEN TO SANDYFORD INDUSTRIAL ESTATE LIGHT RAILWAY) ORDER, 1999.

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by

Section 9

of the

Transport (Dublin Light Rail) Act, 1996

(No. 24 of 1996) as amended by

the Roads (Amendment) Act, 1998

(No. 23 of 1998), and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 (

S.I. No. 351 of 1998

); being of the opinion, after consideration of an application dated 11 December, 1998 made by Córas Iompair éireann, that the said application should be granted, hereby order as fol

PART I

Preliminary

Short title.