S.I. No. 371/2000 - Dublin Light Rail (Line C(S) - Store Street To Connolly Station) Order, 2000

Type Statutory Instrument
Publication 2000-11-22
Last updated 2022-05-04
State In force superseded text
Text As published
articles Not indexed

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2022-05-04, GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

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ARRANGEMENT OF ARTICLES

PART 1 Preliminary And General

1. Citation.
2. Interpretation
3. Authorisation
4. Incorporation of enactments.

PART 2 Works Provisions

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 3 Acquisition And Possession Of Land

17. Power to acquire land.
18. Acquisition of easements.
19. Extinguishment of rights including 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 4 Miscellaneous

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 for Public Enterprise.

SCHEDULES

Schedule 1

Part 1 Description of the works authorised by this Order

Part 2 Further works authorised by this Order

Schedule 2 Land which may be acquired

Schedule 3

Part 1 Buildings etc. to which brackets may be attached

Part 2 Land upon which poles may be erected.

Schedule 4 Basements under public road which may be required

Schedule 5 New roads which may be constructed

Schedule 6 Public roads upon which the light railway works may be carried out

Schedule 7 Rights of way and other easements which may be acquired

Schedule 8

Part 1 Public rights of way which may be extinguished

Part 2 Private rights which may be extinguished

Schedule 9 Rights of way which may be temporarily interrupted

Schedule 10 Land which may be temporarily occupied

Schedule 11 Conditions

S.I. No. 371 of 2000.

DUBLIN LIGHT RAIL (LINE C(S) - STORE STREET TO CONNOLLY STATION) ORDER, 2000.

WHEREAS Córas Iompair Éireann (“the Board”) applied to the Minister for Public Enterprise (“the Minister”) for a light railway order pursuant to section 3 of the Transport (Dublin Light Rail) Act, 1996 (No. 24 of 1996);

AND WHEREAS a draft of the proposed Order entitled “Dublin Light Rail — Line C — Abbey Street to Connolly Station Order (No. 3) 1999” accompanied the application, pursuant to subsection (2) of the said section 3, together with the other documents referred to in that subsection;

AND WHEREAS an Inquiry was established and an Inspector appointed by warrant of appointment of 19 October 1999, pursuant to section 8 of the said Act;

AND WHEREAS the Inquiry was duly conducted and the Inspector has reported to the Minister on 11 January 2000 and recommended that the application be approved by her insofar as it related to the development from Lower Abbey Street to Store Street stop only, subject to the conditions set out in Chapter 4 of the Report of the Inquiry and the concessions made by the applicant during the Inquiry process;

AND WHEREAS the Minister advised the applicant by letter dated 10 February 2000 that she agreed with the Inspector's findings and accepted his recommendations and approved the application subject to those recommendations;

AND WHEREAS the Minister in that letter indicated to the applicant that she would not make the Order in respect of that approval until an acceptable proposal for a link between Store Street and Connolly Station had been received;

AND WHEREAS, subsequently, the Board applied to the Minister for a light railway order pursuant to section 3 of the Transport (Dublin Light Rail) Act, 1996 ;

AND WHEREAS a draft of a proposed Order entitled “Dublin Light Rail — Line C(S) — Store Street to Connolly Station Order, 2000” accompanied the application, pursuant to subsection (2) of the said section 3, together with the other documents referred to in that subsection;

AND WHEREAS an Inquiry was established and an Inspector appointed by warrant of appointment of 4 July 2000, pursuant to section 8 of the said Act;

AND WHEREAS the Inquiry was duly conducted and the Inspector has reported to the Minister on 2 October 2000 and recommended that the application be approved by her subject to the conditions set out in Chapter 4 of the Report of that Inquiry and the concessions made by the applicant during the Inquiry process;

Now, therefore, the Minister for Public Enterprise, in exercise of the powers conferred on her by subsection (2) of section 9 of the Transport (Dublin Light Rail) Act, 1996 , after having considered the matters relevant to the application pursuant to subsection (1) of that section and being of the opinion that application should be granted, order as follows:—

PART 1 Preliminary

Citation.

1.

This Order may be cited as the Dublin Light Rail — Line C(S) — Store Street to Connolly Station — Order 2000.

Interpretation.

2.

(1) In this Order except where the context otherwise requires

“the Act” means the Transport (Dublin Light Rail) Act, 1996 (No. 24 of 1996);

“apparatus” includes any sub-station, inspection chamber, junction box, booster station, pipe, sewer, drain, duct, tunnel, conduit, wire, cable, fibre, insulator or other thing used by a utility for or in connection with the provision of a service to the public;

“authorised works” means the works authorised by this Order;

“the Board” means Córas Iompair Éireann;

“the book of reference” means the book of reference submitted to the Minister for Public Enterprise with the application for this Order;

“deposited plan” means the plan submitted to the Minister for Public Enterprise with the application for this Order;

“light railway” means a way formed above, on or under the ground by parallel rails together with vehicles having wheels flanged or otherwise suitable only for use on and to be guided by such rails the entire being designed to transport passengers mainly in an urban area and to a greater or lesser extent on public roads;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct, renew and replace and cognate words shall be construed accordingly;

“mechanical power” means electrical or any motive power other than animal power;

“relevant road authority” means a road authority in whose functional area the Board proposes to exercise powers conferred on it by this Order;

“stop” means a halting place where passengers or intending passengers may alight from or board light railway vehicles;

“utility” means any person or body (other than the Board) including a local authority providing services to the public generally or to any section or member of the public pursuant to powers and duties in that behalf contained in any Statute or pursuant to any licence or permit granted pursuant to any Statute;

“works” includes the doing, making, laying down, placing, erection, maintenance, operation and use of anything deemed necessary or desirable for or in connection with the construction, operation, maintenance, efficiency, safety and security of a light railway and authorised expressly or by necessary implication by this Order.

Authorisation.

3.

Pursuant to section 9(2) of the Act of 1996, the Minister for Public Enterprise authorises:

in such manner and subject to the such conditions (including the conditions set out in Schedule 11), restrictions and requirements (and on such other terms) as specified in this Order.

Incorporation of enactments

4.

The Regulation of Railways Acts 1840 — 1893 and any other Act relating to railways shall apply to the light railway authorised by this Order so far as they are applicable for the purposes of and are not inconsistent with or varied by the provisions of this Order and the Act together with this Order shall be deemed to be the Special Act for the purposes of those enactments.

PART 2 Works Provisions

Construction of works.

5.

(1) Subject to the provisions of this Order, the Board may, on the lines, in the places and according to the levels shown on the deposited plan, do, make, construct and maintain the works specified in Part 1 of the Schedule and all other works necessary or ancillary in connection therewith.

General powers of the Board.

6.

In constructing or maintaining any of the light railway works the Board may:—

Power to alter the layout of public roads.

7.

(1) Subject to the provisions of paragraph (2) of this Article the Board may in connection with or for the purpose of light railway works in or adjacent to any public road and in accordance with the deposited plan:—

Temporary closure of roads.

8.

(1) Subject to the provisions of paragraph (2) of this Article, the Board may, for the purpose of carrying out light railway works or for any purpose incidental thereto, request a relevant road authority by order temporarily to close a public road to traffic and the following shall apply in relation to such request:—

and such temporary closure shall not take effect on a date which is earlier than that specified in the notice of intention under subparagraph (b) of this paragraph; the notice of decision required to be given by this sub-paragraph shall contain the information specified in sub-article (a) of this paragraph;

Construction of new roads.

9.

(1) The Board may, with the consent of the relevant road authority, construct the new roads specified in the Schedule 5 with all necessary works connected therewith either by way of diversion from or in substitution for an existing public road or as an additional road.

Construction of bridges.

10.

Wherever the Board is authorised by this Order to construct a bridge to carry a light railway over any public road, motorway or waterway or, as the case may be, to carry any public road over a light railway the following shall apply in relation to the construction and maintenance of such bridge:

Fixing of brackets to buildings and erection of poles.

11.

(1) The Board may enter upon the lands specified in Part 1 of the Schedule 3 and may attach to any wall, house, building or structure thereon any bracket, cable or wire or other fixture required for or in connection with the construction, operation or maintenance of a light railway.

Underpinning of buildings.

12.

(1) The Board may in accordance with the provision of Section 14 of the Act enter on any land and underpin or otherwise strengthen any house, building or structure affected or likely to be affected by light railway works where the Board considers it necessary or expedient to do so for the purpose of preventing or minimising injury, loss or damage to such house building or structure or any part thereof.

Discharge of water.

13.

The Board may use any available stream or watercourse or any sewer or drain for the drainage of water in connection with the construction or maintenance of the light railway works and for that purpose may make any convenient connections with any such stream, watercourse, sewer or drain, subject, however, to the following provisions—

Temporary light railways.

14.

(1) Where the light railway works have been constructed on a public road, the Board may, for the purposes of the maintenance, upgrading or improving of the said light railway works

Motive power.

15.

(1) The light railway shall be operated by mechanical power.

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

16.

(1) Construction of the works authorised by this Order shall be completed at the end of the period of 5 years beginning on the day upon which this Order comes into force.

PART 3 Acquisition And Possession Of Land

Power to acquire land.

17.

(1) Subject to the provisions of the Act, the Board may acquire compulsorily and use all or such part of the lands shown on the deposited plan and specified in the Schedule 2 as the Board may require for the purposes of the light railway or for purposes incidental or ancillary to such purposes.

Acquisition of easements.

18.

Subject to the provisions of the Act, the Board may acquire compulsorily such rights over all or part of the lands shown on the deposited plan and specified in the Schedule 7 as may be required for the purposes of the light railway.

Extinguishment of rights including rights of way.

19.

Subject to the provisions of the Act the Board may —

Use of air space.

20.

(1) Without prejudice to the provisions of Article 17 of this Order, the Board may enter upon and use so much of the air space over a public road as may reasonably be required for the purposes of or in connection with the light railway or the works authorised by this Order.

Temporary possession of land.

21.

(1) The Board may enter upon and take temporary possession of the lands specified in the Schedule 10 to this Order or any part of such lands.

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

22.

(1) The powers conferred on the Board by this Order to acquire compulsorily land or rights over land and the power conferred by Article 21 of this Order to enter upon and take temporary possession of land shall cease at the end of the period of 5 years beginning on the day upon which this Order comes into force.

PART 4

Miscellaneous

Relocation of utility apparatus.

23 (1) Wherever the Board is authorised to carry out, do, construct or maintain works by virtue of the Act and this Order and any apparatus of a utility will or may be affected in consequence thereof the following provisions shall apply:—

Arbitration.

24.

Should any dispute arise between the Board and a utility in relation to the carrying out, doing, construction or maintenance of any of the light railway works authorised by this Order, or in relation to any matter referred to in Article 23 of this Order, the following provisions shall apply:

Agreement between the Board and road authorities.

25.

The Board may, from time to time, enter into and carry into effect and thereafter from time to time alter, renew or vary contracts, agreements, or arrangements with a relevant road authority in regard to the laying down, making, paving, metalling or keeping in repair of any public road and the light railway thereon or in respect of altering the levels of the whole or any part of any public road in which the Board is authorised to lay down the light railway and the proportion to be paid by them or either of them of the expenses of laying down, making, paving, metalling or keeping in repair or altering the level of such public road and light railway.

Interference with roads.

26.

If, in the course of constructing or maintaining the light railway, the Board shall interfere with any public road it shall make good all damage done by it to such road. If any dispute arises between the Board and any relevant road authority it shall be referred to arbitration in accordance with the provisions of Article 24 of this Order.

Rights of utilities.

27.

Nothing in this Order shall take away or abridge any power to open or break up any road in which a light railway is laid or any other power vested in any utility for the purpose of laying down, repairing, altering or removing any apparatus. However, in relation to the exercise of such power the following shall apply:

Expenses of Minister for Public Enterprise.

28.

Any expenses incurred by the Minister for Public Enterprise in the exercise of functions under the Act and this Order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the Board.

SCHEDULES

Schedule I

Part I Description of the works authorised by this Order

Work No. 1

A light railway approximately 167 metres in length consisting of double lines of light railway commencing at match line O, at the junction of Store Street and Amiens Street, and crossing Amiens Street at approximately right angles and turning to run in a northerly direction at ground level along the strip of land bounded by Amiens Street and Harbourmaster Place toward the southern facade of Connolly Station to a point approximately 14 metres south of match line O as shown on Plan No. C(S)-RO 12 O-O

SCHEDULE I

Part 2 Further works authorised by this Order

Work No. 1

Demolish the Connolly Station ramp which commences at the junction of Mayor Street and Amiens Street together with the walls defining the ramp, along Harbourmaster Place and Amiens Street, and sub-structures; the northernmost limit of the demolition works being as shown on Plan No. C(S)-RO 12 O-O and the existing ramp being as shown

—in plan on Plan No. C(S)-ST 12 O-O2,
—in elevation on Plan Nos. C(S)-ST 12 O-O5, O6 & O7, and
—in section on Plan Nos. C(S)-ST 12 O-O9 & O10.

Work No. 2

Construct a terraced plaza at main railway station concourse level and extending from the southern face of the main railway station building as shown

—in plan on Plan No. C(S)-ST 12 O-O4,
—in elevation on Plan Nos. C(S)-ST 12 O-O7 & O10, and
—in section on Plan No. C(S)-ST 12 O-O9.

Work No. 3

Construct a stop to be called “Connolly stop” at ground level on the strip of land bounded by Amiens Street and Harbourmaster Place and adjacent to the southern face of Connolly Station in the location shown on Plan No. C(S)-RO 12 O-O and as shown in detail

—in plan on Plan Nos. C(S)-ST 12 O-O1, O3 & O4, and
—in section on Plan Nos. C(S)-ST 12 O-O7, O9 & O10.

Work No. 4

Construct canopies at the stop location described in Work No.3 and as shown

—in plan on Plan Nos. C(S)-ST 12 O-O1, O3 & O4, C(S)-RO 12 O-O and
—in elevation on Plan Nos. C(S)-ST 12 O-O5, O6 & O7, and
—in section on Plan Nos. C(S)-ST 12 O-O9 & O10.

Work No. 5

Construct access stairs, escalators and elevator providing access to and from the stop described in Work No. 3 from and to the terraced plaza described in Work No. 2 at the locations shown in Plan No. C(S)-RO 12 O-O and as shown in detail

—in plan on Plan No. C(S)-ST 12 O-O4,
—in elevation on Plan Nos. C(S)-ST 12 O-O7, O9 & O10, and
—in section on Plan Nos. C(S)-ST 12 O-O1 & O3.

Work No. 6

Construct pedestrian accesses adjacent to and east and west of the stop described in Work No. 3 providing access to and from Harbourmaster Place and Amiens Street respectively at the locations shown on Plan No. C(S)-RO 12 O-O and as shown in detail

—in plan on Plan Nos. C(S)-ST 12 O-O1, O3 & O4 and
—in elevation on Plan Nos. C(S)-ST 12 O-O5, O6, O7 & O10.

Work No. 7

Construct a deck leveller facility to allow access by persons whose mobility is impaired to and from the stop described in Work No. 3 from and to Harbourmaster Place in the location shown on Plan No. C(S)-RO 12 O-O and as shown in detail

—in plan on Plan Nos. C(S)-ST 12 O-O1 & O3, and
—in elevation on Plan Nos. C(S)-ST 12 O-O6, O7 & O10.

Work No. 8

Construct a wall with a retaining function over part of its length and with a railing affixed thereto extending along the Harbourmaster Place side of the light railway line as shown on Plan No. C(S)-RO 12 O-O and as shown in detail

—in plan on Plan Nos. C(S)-ST 12 O-O1, O3 & O4, and
—in elevation on Plan No. C(S)-ST 12 O-O6.

Work No. 9

Construct an underground electricity sub-station at the north east corner of the junction of Amiens Street and Mayor Street at the location shown in Plan No. C(S)-RO 12 O-O and as shown in detail on Plan Nos. C(S)-ST 12 O-O3, O4 & O8.

Work No. 10

Relocate an electricity sub-station at ground level within the main Connolly Station building with a new access door onto Amiens Street to the location shown on Plan No. C(S)-RO 12 O-O and as shown in detail

—in plan on Plan Nos. C(S)-ST 12 O-O1 & O3, and
—in elevation on Plan No. C(S)-ST 12 O-O5.

Work No. 11

Construct an information/retail kiosk at the north east corner of the junction of Amiens Street and Mayor Street at the location shown on Plan No. C(S)-RO 12 O-O and as shown in detail

—in plan on Plan Nos. C(S)-ST 12 O-O1, O3, O4 & O8,
—in elevation on Plan Nos. C(S)-ST 12 O-O5, O6, O7, O8 & O9, and
—in section on Plan No. C(S)-ST 12 O-O8.

Work No. 12

Construct footpaths, verges, planting areas and roadway incorporating bus, taxi, private car and bicycle facilities as shown on Plan No. C(S)-RO 12 O-O and as shown in detail on Plan No. C(S)-ST 12 O-O1.

Schedule 2 Land which may be acquired

Schedule 3

Part 1 Buildings etc. to which brackets may be attached.

Part 2 Land upon which poles may be erected

Schedule 4 Basements under public road which may be required

Schedule 5 New roads which may be constructed

Construct a roadway at ground level on the strip of land bounded by Amiens Street and Harbourmaster Place with vehicular access to and from Amiens Street only at the location shown on Plan No. C(S)RO 12 O-O and as shown in detail on Plan No. C(S)ST 12 O-O1.

Schedule 6

Public roads upon which the light railway works may be carried out.

Store Street

Amiens Street

Schedule 7

Rights of way and other easements which may be acquired.

Schedule 8. Public rights of way which may be extinguished.

Part 2 Private rights which may be extinguished

Schedule 9 Rights of way which may be temporarily interrupted.

Schedule 10 Land which may be temporarily occupied.

Schedule 11 Conditions

1.

Prior to the attaching of catenary wires to any building, the applicant is to supply for the agreement of Dublin Corporation appropriate detailed drawings of the proposed connections. In default of agreement between Dublin Corporation and the applicant, the matter should be decided by the Minister for Public Enterprise.

2.

It is considered appropriate that advertising should not undermine the character of the public domain. Advertising at Connolly Station stop shall be restricted to that outlined in the EIS drawing. Any deviation or change from this procedure shall be the subject of a normal planning application.

3.

Prior to the commencement of development under this Light Rail Order, the applicant shall establish or cause to be established or participate in the establishment of a local liaison committee in respect of this area to represent the interests of all statutory authorities likely to be affected including the relevant local authority, Garda Síochána, utilities, business and residential groups. The composition of the committee should be determined by the traffic management committee established in respect of Line A. The committee established may be incorporated into the similar committee recommended in respect of Line C in view of the close proximity of the areas covered by both applications. A representative from McCann Fitzgerald Solicitors shall be invited to be a member of the committee. Subject to the foregoing the composition of the committee shall be determined by the traffic management committee established in respect of Line A. In the absence of agreement the membership shall be determined by the Minister for Public Enterprise. The applicant shall have a positive responsibility to ensure that all construction works likely to impact on the property and/or business interests of the area are considered by this liaison committee prior to their implementation.

4.

Prior to the commencement of works under this Order, the applicant should seek the advice of Dúchas on the archaeological significance of the work proposed. The applicant shall implement any recommendation received from Dúchas. In the event of any disagreement between the applicant and Dúchas on any matter (including the recommendations of Dúchas) the issue shall be determined by the Minister for Public Enterprise.

5.

Prior to the commencement of development under this Light Rail Order, the applicant shall submit for the agreement of Dublin Corporation proposals in respect of the following matters relevant to the development at Connolly Station:

In the absence of agreement between the applicant and Dublin Corporation concerning any of the foregoing matters, the matter in dispute shall be determined by the Minister for Public Enterprise.

GIVEN under my Official Seal, this 22nd day of November, 2000.
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 C—Abbey Street to Store Street) Order 2000. The plans referred to in the Order are available for inspection or purchase at the Dublin Light Rail Office, Heuston Station, Dublin 8.

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