LegalizeS.I. No. 596/2006 - Railway (Kildare Route Project) Order 2006
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 · 2015-05-06, ROADS ACT 2015
SCHEDULE 11 Conditions attached to the Order
The power of compulsory purchase conferred by Section 43 of the Principal Act shall not be exercised in any case where land or any interest in or rights over land has been acquired by agreement.
The railway works authorised by this Order shall be executed and operated in accordance with the agreements set out in Schedule 12.
Where the interests of a landowner are likely to be affected by the works proposed to be constructed or by the acquisition of land or any interest in or rights over land proposed to be acquired, if the railway undertaking agrees in writing and for good consideration to modify in a specified way such works or to vary the extent of such acquisition, then the schedules to the railway order shall be deemed to be amended accordingly.
In respect of the impact of this Order on William Elliffe and Phyllis Elliffe, the Railway Undertaking will engage in negotiations to resolve any issues of compensation payable to the Elliffes as soon as possible.
In conjunction with Dublin Bus and in final consultation with the Dublin Transportation Office, the Railway Undertaking will, within twelve months of the date of this Order, draw up a blueprint or plan for the provision of feeder bus services to the new stations on the Kildare Route Project.
In respect of the works at Neilstown Bridge, the Railway Undertaking will endeavour to implement the works in the following order:
The Neilstown Bridge should be redeveloped first.
A distributor standard connector road to be constructed between Cloverhill Road and Neilstown Road prior to the closure of Cloverhill Bridge.
The reconstruction of Cloverhill Bridge should only begin once the Neilstown Bridge and the connector road have been opened.
The Railway Undertaking will consult with all third parties, including South Dublin County Council, involved in the potential delivery of such a connector road in attempting to arrive at an accommodation to achieve this order of works. In the event that such an accommodation cannot be reached, the works will be implemented as described in the Deposited Plan.
The Railway Undertaking will prepare, within six months of the making of this Order, a report to explain, bringing together all the strands of the argument, as to why stations at Clondalkin and Ballyfermot cannot be delivered in the short term and to set out realistic proposals for delivery in a specified time.
The existing boundary wall of Mr Cathal Ryan's property shall be excluded from the Order. The purpose of the temporary acquisition will be strictly limited to the integration of the new road with the existing road and for no other purpose.
In respect of the property of Caitriona Kelly of Hazelhatch, the Railway Undertaking will provide a solid wall to the front of this property, and will also provide a ramp of 3 metres in width rather than the proposed 2.5 metres, and will also provide a back entrance to the property.
The Railway Undertaking will carry out a further study as to the feasibility of moving the road at the Jackson and Sweeney properties in order to retain the woodland copse identified in the Deposited Plan. In the event that this study recommends that the road remains in the location as described in the Deposited Plan and in Schedule 1, Work Item No. 1851.06, the Railway Undertaking will implement the works accordingly.
In carrying out the works at Celbridge Elm Golf Club, the Railway Undertaking will endeavour to adapt the plans in order to minimise the impact on the Golf Club.
Within six months of the date of this Order, the Railway Undertaking will initiate a study into delivery of the ongoing services from Heuston Station to the remainder of the city following the commissioning of the Kildare Route project. This study will be conducted in conjunction with Dublin Bus, the Railway Procurement Agency and in consultation with the Dublin Transportation Office.
SCHEDULE 12 Agreements reached with the Railway Undertaking.
| No. | Name & Address | Agreement Reached |
| 1 | South Dublin Co. Co. | IÉ confirm that the design and installation of reinforced concrete underpasses through the embankment north of the railway at Fonthill Road is feasible and jacking them in place is practicable, however there will have to be consultation with the developers to ensure that they coincide with footpaths and roadways in the developed areas. A similar situation applies at the Outer Ring Road and Kishogue Station underpasses. IÉ confirm that it is possible to widen and strengthen the footbridge at Hayden's Lane while retaining the present design and using ‘grasscrete’ surfacing or similar on the deck to give the perception of a ‘green bridge. IÉ confirm that it is possible to extend the existing Kilmahudrick culvert in lieu of the proposed diversion, but this will entail the construction of a downstream headwall and scour protection apron with associated landtake. Further discussion will be held on this matter during detailed design. CIÉ are prepared to reach agreements with the relevant landowners that include flexibility in the provision of park and ride carparks. |
| 2 | An Post | Porposed temporary parking to rear of Capital Clutch & Brake/Clondalkin Auto Clinic/Larkbrook will be provided. Works will be staged to ensure continuous access to the estate. Access to be provided for postmen wheeling cycles across the temporary bridge during the closure. |
| 3 | Burris Property Company | IÉ have agreed with Burris Property Company (BPC) the following modifications to the Fonthill Road Station: An additional public access to the proposed station will be provided from the western side of Fonthill Road (in addition to the proposed access on the eastern side of Fonthill Road). A station building similar to the station building proposed in the KRP will be constructed by IÉ, such additional station building to be constructed as part of the KRP at or around the same time as the station building to the eastern side. |
| The western station building will include permanent access for the public from Fonthill Road. The land owned by BPC required for such permanent access will be transferred to IÉ by BPC at no cost. Any ancillary property rights also required (including inter alia wayleaves for services) will also be provided to IÉ by BPC at no cost. | ||
| Drawing Extracts 1843/001 and S005/001 are provided. | ||
| 4 | Eugene & Marie Birmingham, Hazelhatch | A scheme of landscaping reinstatement will be agreed in detail with the property owner at detailed design stage. A pre-condition survey record including photographs will be made. |
| 5 | Larkbrook Engineering, Weatherwell Industrial Estate | Access to the estate to be maintained at all times. Works in front of the premises to be carried out at night. Detailed design will ensure suitable access with no gradients exceeding existing ones. IÉ agree to relocate the fuel tank permanently. Proposed elimination of toe wall and associated planting to maintain existing access width to workshop. |
| Drawing Extract 1843/002 is provided. | ||
| 6 | Capital Clutch & Brake, Weatherwell Industrial Estate | Access to the estate to be maintained at all times. Works in front of the premises to be carried out at night. Detailed design will ensure suitable access with no gradients exceeding existing ones. Proposed elimination of toe wall and associated planting to maintain existing access width to workshop. |
| Drawing Extract 1843/002 is provided. | ||
| 7 | Castlethorn Construction | Agreements have been reached between Castlethorn and IÉ. All Castlethorn lands required for the KRP will be acquired under those agreements. |
| 8 | Crowleys, Finnstown | Agreement has been reached with the Crowleys to construct an overbridge to replace the level crossing to be closed and the existing bridge that is to be demolished. |
| Drawing Extract 1848/001 is provided. | ||
| 9. | Davenham Engineering | IÉ have agreed to consult with Davenham regarding the construction programme for the implementation of the KRP insofar as it impacts on the operation of and access to their business. This consultation will take place on a weekly basis during construction and on a monthly basis in the period leading up to construction. IÉ agree that the minimum dimension between the outermost point of the building reception area and the retaining wall supporting the Cloverhill Road shall be 6 metres. IÉ agree to move the north carpark boundary wall northwards by the width of the existing grass verge. Upon completion of the works, or earlier if it can be arranged IÉ will provide access to Davenham through the vehicle entrance on Cloverhill Road. IÉ will be responsible for the reinstatement of boundary walls, fences, entrances affected by the proposed works to the same standard as they are at present, (including electrified gates with intercom systems) at Cloverhill Road and the estate road. IÉ will maintain a safety gap of a minimum of 1.5m from the outside of the Davenham building at all times during the construction works. IÉ will regrade the carpark to remove the step in the area marked in the schematic drawing. During construction IÉ will erect and maintain 2.4m high secure fencing around the Cloverhill Road and the estate road boundaries. IÉ in consultation with Davenham will undertake landscaping to reinstate premises to the same standard as currently exists. IÉ will use its best endeavours to ensure that insofar as it is practicable Davenham will enjoy 24/7 pedestrian and vehicular access during construction and where this is not possible consultation will take place. IÉ will ensure insofar as is practicable that utilities and services shall be uninterrupted during construction. Davenham, its servants or agents or any person on its behalf shall not challenge or question the validity of the RO in relation the KRP in relation to an application for judicial review, providing the modifications necessary under this agreement are incorporated therein. The reinforced earth facing panels will have a feature finish, such feature to be agreed with Davenham. IÉ will use its best endeavours to provide alternative secure local parking facilities within the IÉ compound or local alternative. |
| Drawing Extract 1843/003 is provided. | ||
| 10 | Martin & Marion Doherty | IÉ confirm that stable buildings will not be affected by temporary take and that the boundary wall will be reinstated once works finish. |
| 11 | MacCrosain | IÉ have confirmed the limit of the temporary landtake. |
| Partnership/Zomax | IÉ agree to erect suitable fencing to ensure security of premises at all time | |
| IÉ agree that internal roadway will only be used in exceptional circumstances. | ||
| IÉ confirm that a parking protocol is to be agreed prior to the parking of construction vehicles in designated parking areas. IÉ agree to erect a temporary fence between the area of the bridge construction and the loading area to the rear of the building. | ||
| IÉ agree to carry out auger style piling in the construction of the bridge supports and all effort to be made to minimise vibrations. | ||
| IÉ confirm that Zomax are to be given notice in advance of the nature and duration of the piling works. | ||
| IÉ agree that additional ballast is to be laid down under the rail line if required in the area adjoining the building. | ||
| IÉ agree that in as far as is possible public utilities will not be interrupted during construction work and that Zomax will be kept informed of any interruptions that may occur and timing of the same. | ||
| IÉ agree to erect a permanent high quality palisade security fence to a minimum height of 2.4 metres once works are completed. | ||
| IÉ agree that the wording and nature of the permanent right of way/licence agreement will be agreed between both sets of solicitors and that access will only be on a very limited basis with IÉ giving advance written notice save in the case of emergency. | ||
| IÉ confirm that Zomax and the MacCroisans will be kept informed as to the likely commencement date and duration of the construction works. | ||
| 12 | Everglade Property Ltd | IÉ have agreed the following modification to the Fonthill Road station proposal outlined in the Kildare Route Project (KRP) with Everglade Property Ltd (EPL): An additional public access to the proposed station will be provided from the western side of Fonthill Road (in addition to the proposed access on the eastern side of Fonthill Road); a station building similar to the station building proposed in the KRP will be constructed by IÉ, such additional station building to be constructed as part of the KRP at or around the same time as the station building to the eastern side. |
| The western station building will include permanent access for the public from Fonthill Road. Any land owned by EPL required for such permanent access will be transferred to IÉ by EPL at nominal consideration. Any ancillary property rights also required in relation to the western station building (including, inter alia, wayleaves for services) will also be provided to IÉ by EPL at nominal consideration. | ||
| IÉ will make passive provision for the westward extension of the platform of Fonthill Road station by 100m. For the avoidance of doubt this will entail widening the tracks to allow for such an extension in the future, but not the construction of the extension within the KRP. | ||
| Drawing Extracts 1843/001 and S005/001 are provided. | ||
| 13 | Daniel M. O'Connor, Hazelhatch | Agreement has been reached in relation to the provision of accesses to this property which were omitted from the alignment plans. The severed strip of their land between the nearest house to the station and the station will be acquired by CIÉ. |
| Drawing Extract 1851/002/1852/001 provided. | ||
| 14 | Michael Courtney | Agreement has been reached on practical issues such as stock proof fencing. |
| 15 | Metal Processors | Prior to any works being carried out IÉ will at its own expense carry out the following at the Crag Avenue Entrance to the company: construct a permanent gate to control ingress and egress from the Crag Avenue Facility; build a security barrier to control ingress & egress into the facility from Crag Avenue during working hours when the permanent gate will be open. CIÉ will build a control system building on the Crag Avenue Entrance to enable permanent manned security at the gate. CIÉ will rebuild and upgrade the entrance roadway from the Crag Avenue Entrance onto the facility to the standard as agreed with the company. IÉ will provide all necessary and required fencing, lighting, ducting and landscaping to ensure safe ingress and egress onto Crag Avenue from the facility. |
| Compensation will be agreed under the CPO code for the additional provision of security. | ||
| 16 | William & Patricia Bermingham | CIÉ will acquire the whole property. |
| 17 | Clondalkin Auto Clinic | Specific proposals for temporary parking adjacent Clondalkin Station have been agreed in principle. Specific proposals for maintenance of access to the premises during the works have been agreed in principle. Design of fence to be agreed at detailed design stage. Proposed elimination of toe wall and associated planting to maintain existing access width to workshop. |
| Drawing Extract 1843/002 is provided. | ||
| 18 | Dan Courtney | CIÉ has agreed to accept right of way as opposed to permanent acquisition of the relevant lands, and agreement has been reached on certain practical details. |
| 19 | Cathal M. Ryan | In respect of the property of Cathal Ryan, Stacumny House, Celbridge. |
| 1. With reference to the proposed permanent acquisition of Plot 850-P-09 the existing boundary wall of Mr. Ryan's property shall be excluded. | ||
| 2. With reference to the proposed temporary acquisition of Plot 850-T-09 the purpose of the temporary acquisition will be strictly limited to the integration of the new road with the existing road and for no other purpose. | ||
| 20 | James & Marie McLaughlin | IÉ have agreed to provide acoustic mitigation. |
| 21 | James Cahill, Double HH Farms Ltd. | Agreement has been reached in relation to the provision of accesses to this property which were omitted from the alignment plans. |
| Drawing Extract 1851/001 is provided. | ||
| 22 | Gerard F. May Roofing et al | IÉ have agreed that we will not reduce the existing dimensions of the carpark at Waterway House. |
| 23 | Waterway Investments | IÉ have agreed that we will not reduce the existing dimensions of the carpark at Waterway House |
| 24 | O'Doherty Video Production | IÉ have agreed that we will not reduce the existing dimensions of the carpark at Waterway House. |
| --- | --- | |
| Given under the Official Seal, this 5 day of Dec 2006 | ||
| [image omitted] | ||
| Martin Cullen, Minister for Transport. |
The Minister for the Environment, Heritage and Local Government consents to the making of the foregoing Order in so far as it relates to the acquisition of rights in, over or under any public road.
| Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 4 day of Dec 2006 | |
| [image omitted] | |
| Dick Roche Minister for the Environment, Heritage and Local Government |
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 enable Córas Iompair Eireann to increase the capacity of suburban, regional and intercity rail traffic on the Dublin to Cork line through increased infrastructure provision between Inchicore Depot and Cherrybille Junction, County Kildare. Works include the provision of additional tracks between Ballyfermot and Dangan, the provision of new stations at Fonthill Road and Kishoge, the closure of Clondalkin and Cherry Orchard Stations, the upgrading of Hazelhatch Station and the closure, demolition and reconstruction of a number of overbridges.
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