STATUTORY INSTRUMENTS.

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.

S.I. No. 280 of 1999.

ARRANGEMENT OF ARTICLES

PART I

Preliminary

PART II

Works Provisions

PART III

Acquisition and Possession of Land

PART IV

MISCELLANEOUS AND GENERAL

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.

1. This Order may be cited as the Transport (Dublin Light Rail) Act, 1996 (Line B -- St. Stephen's Green to Sandyford Industrial Estate Light Railway) Order, 1999.

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

“deposited plan” means the plan submitted to the Minister 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.

(2) References in this Order to rights over land include references to rights to do or to place or maintain anything in, on, over or under land.

Incorporation of enactments.

3. The Regulation of Railways Acts 1840-1889 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 II

Works Provisions

Conditions attaching to the Order.

4. The powers granted to the Board under this Order shall be exercised subject to the conditions set out in the Eleventh Schedule to this Order.

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 First Schedule and all other works necessary or ancillary in connection therewith.

(2) 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 further works described in Part 2 of the First Schedule and all other works necessary or ancillary thereto.

(3) Subject to Section 16 of the Act, the Board may break open a public road having given not less than 7 days prior notice to the relevant road authority and may remove, appropriate and use the soil or other materials therein or thereunder.

General powers of the Board.

6. In constructing or maintaining any of the light railway works the Board may:--

(a) where such works are situated in or adjacent to a public road

(i)   deviate laterally by an amount not exceeding 1.0 metre from the lines or situations shown on the deposited plan

(ii)  deviate vertically by an amount not exceeding 0.3 metres upwards or downwards from the levels shown on the deposited plan

(iii) deviate longitudinally by an amount not exceeding 10 metres in respect of any light rail work.

(b) where such works are situated otherwise than in or adjacent to a public road

(i)   deviate laterally by an amount not exceeding 2.5 metres from the lines or situations shown on the deposited plan

(ii)  deviate vertically by an amount not exceeding 0.75 metres upwards from the levels shown on the deposited plan

(iii) deviate vertically by an amount not exceeding 1.5 metres downwards from the levels shown on the deposited plan

(iv)  deviate longitudinally by an amount not exceeding 10 metres in respect of any light rail work.

(2) The Board may, in constructing or maintaining light railway works, lay down either single or interlacing tracks of parallel rails in places where double tracks are shown on the deposited plan.

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:

(a) increase the width of the carriageway of the road by reducing the width of any footway, cycle track, verge or other land within the boundary of the said road;

(b) alter or interfere with the level of any kerb, footway, cycle track, verge or other land within the boundary of the said road; or

(c) reduce the width of the carriageway of the road; or

(d) carry out works to the carriageway of the road for the purpose of deterring or inhibiting vehicles other than light rail vehicles from passing along the tracks of the light railway.

(2) Before exercising any power under paragraph (1) of this Article, the Board shall obtain the consent of the relevant road authority which consent shall not be unreasonably withheld or delayed.

(3) The works authorised by this Order may be done, made, constructed and maintained in, upon and under the public roads specified in the Sixth Schedule to this Order.

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 provisions shall apply in relation to such request:--

(a) The Board shall give to the road authority notice in writing of its requirement to close such public road and such notice shall

(i)   specify the road which is required to be temporarily closed

(ii)  state a period for which, in the reasonable opinion of the Board, it is necessary to temporarily close such road

(iii) give particulars of any alternative route or routes if any which the Board believes will be available while such road is temporarily closed

(iv)  contain a brief description of the works which the Board proposes to carry out while such road is temporarily closed;

(b) Within 12 days of the receipt by a road authority of such notice as aforesaid such road authority shall give at least 14 days notice of its intention to close the said road

(i)   in one or more newspapers circulating in the area in which the road is situated and

(ii)  in writing to the Superintendent of the Garda Síochána within whose district the road is situated;

(c) Such notice required to be given by sub-paragraph (b) shall

(i)   contain the information set out in the notice furnished to such road authority by the Board and

(ii)  state that objections may be made in writing to the road authority in relation to the proposed temporary closure of the said road before a specified date (which date shall not be less than 3 days after the publication of such notice);

(d) A road authority shall consider any objections made to it in writing pursuant to sub-paragraph (c) and not withdrawn;

(e) Where a road authority having complied with subparagraphs (b), (c) and (d) of this paragraph decides to close a public road it shall give at least 7 days notice of its decision to close such road

(i)   in the newspaper or newspapers circulating in the area where the notice of its intention temporarily to close the road was published and

(ii)  in writing to the Superintendent of the Garda Síochána within whose district the road is situated

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

(f) The Board shall provide reasonable access for pedestrians going to or from premises abutting on a public road affected by the exercise of the powers conferred by this Article if there would otherwise be no such access;

(g) The Board shall provide such access for vehicular traffic along the public road affected by the exercise of the powers conferred by this Article as the Board may from time to time consider reasonable having regard to the nature of the works and the need to preserve the safety of persons and vehicles which may be permitted to use the said public road and the Board may impose such restrictions and conditions upon the passage of vehicles as it may consider reasonable in the circumstances.

(2) Paragraph (1) of this Article shall not apply to the carrying out by the Board of emergency works necessary to eliminate or reduce danger or risk to persons or property.

Construction of new roads.

9. (1) The Board may, with the consent of the relevant road authority, construct the new roads specified in the Fifth Schedule 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.

(2) Each new road constructed under this Article shall when completed, unless otherwise agreed between the Board and the road authority, be maintained by and at the expense of the Board for a period of 12 months from the date of completion and at the expiration of that period shall be maintained by and at the expense of the road authority in whose functional area such new road is situated.

(3) Should any dispute occur in relation to any of the provisions of this Article between the Board and the road authority such dispute shall be referred to arbitration in accordance with the provisions of Article 24 of this Order.

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 provisions shall apply in relation to the construction and maintenance of such bridge:--

(a) Where any such bridge carries the light railway, such bridge shall be maintained by the Board at its own expense;

(b) Where such bridge carries a public road the Board shall maintain such bridge at its own expense provided however that in relation to the maintenance of a road surface of such bridge the Board and the road authority may enter into agreements upon such terms as may be agreed between them for the maintenance, improvement, or relaying of such road surface whether by the Board, a contractor employed by the Board for that purpose, or by the road authority or any contractor on its behalf.

Fixing of brackets to buildings and crection of poles.

11. (1) The Board may enter upon the lands specified in Part 1 of the Third Schedule 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.

(2) The Board may enter upon the lands specified in Part 2 of the Third Schedule and may erect thereon any pole or poles 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.

(2) Where any house, building, or other structure has been underpinned or strengthened in accordance with the provisions of Section 14 of the Act and this Article, the Board may from time to time thereafter and in accordance with the provisions of the said Section 14 and the provisions of this Article re-enter on any land and do such further under-pinning or strengthening as the Board may deem necessary or expedient.

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:--

(a) The Board shall not discharge any water into any public watercourse, sewer or drain except with the consent of the sanitary authority to which it belongs which consent shall not be unreasonably withheld or delayed and in accordance with such terms and conditions as such sanitary authority may reasonably impose;

(b) The Board shall take such steps as may be reasonably practicable to ensure that any water discharged into any such public watercourse, sewer or drain under the powers conferred on the Board by this Article is free from soil or polluting or deleterious material;

(c) Should any dispute occur in relation to any of the provisions of this Article between the Board and the sanitary authority such dispute shall be referred to arbitration in accordance with the provisions of Article 24 of this order.

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

(a) remove or discontinue the operation of the light railway or

(b) lay, maintain and operate in or near such light railway a temporary light railway in lieu of the aforementioned light railway.

(2) The Board in exercising the power contained in paragraph (1) of this Article shall, before carrying out such works, obtain the consent of the relevant road authority to the carrying out by the Board of such works as aforesaid which consent shall not be unreasonably withheld or delayed.

(3) Where the Board or the road authority is of the opinion that the public road, the subject of the works referred to at paragraph (1) of this Article, should properly be temporarily closed to vehicular traffic then it shall request the road authority temporarily to close to vehicular traffic the said public road and the provisions of Article 8 of this Order shall apply in relation to such temporary closure. Where the road authority is of the opinion that such public road should be temporarily closed to such traffic it shall notify in writing the Board of such opinion whereupon the Board shall furnish a request to such road authority in accordance with the provisions of sub-paragraph (1) of Article 8 of this Order and the provisions of the said Article shall thenceforth apply in respect of such temporary closure.

Motive power.

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

(2) Where the light railway is laid on a carriageway then, so far as is practicable, it shall be so constructed and maintained as to ensure that the uppermost surface of the rails of the railway is generally level with the adjacent surface of such carriageway.

(3) The gauge of the light railway shall be nominally 1435mm (4ft 8½ ins).

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.

(2) Paragraph (1) of this Article shall not apply to any works required for the maintenance or improvement of the light railway works or any of them.

PART III

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 Second Schedule as the Board may require for the purposes of the light railway or for purposes incidental or ancillary to such purposes.

(2) Without prejudice to the provisions of Article 20 of this Order and subject to the provisions of the Act, the Board may acquire compulsorily and use all of the basements specified in the Fourth Schedule to this Order or such parts thereof as the Board may consider necessary to acquire for the purposes of the light railway works.

Acquisition of casements.

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 Seventh Schedule as may be required for the purposes of the light railway.

Extinguishment of rights of way.

19. Subject to the provisions of the Act the Board may--

(a) extinguish all public rights of way specified in Part 1 of the Eighth Schedule to this Order,

(b) extinguish all private rights including rights of way, if any, specified in Part 2 of the Eighth Schedule to this Order,

(c) temporarily stop up the rights of way specified in the Ninth Schedule to this Order.

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.

(2) The power under paragraph (1) may be exercised in relation to a public road without the Board being required to acquire any part of the public road or any easement or other right in relation to the surface of the public road.

Temporary possession of land.

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

(2) In particular, the Board may enter upon and take temporary possession of such land for the provision of working sites and access for construction purposes and for such purposes may construct and remove any structures thereon, cut and remove anything growing on such land or part thereof, and generally do all such things to and on such lands as may be required to adapt it for such working or access.

(3) Furthermore the Board may enter upon and take temporary possession of a building, part whereof may in exercise of the powers conferred on the Board by the Act and this Order have been compulsorily acquired or interfered with for the purpose of carrying out works on the unacquired or uninterfered with part of such building with a view to minimising the damage or injury done or likely to be done by the acquisition of, removal of or interference with the part of such building so acquired or interfered with.

(4) Before giving up possession of land specified in the Tenth Schedule to this Order, the Board shall remove all temporary works and structures constructed by it on the said land and, subject to any agreement to the contrary with the owners and occupiers of the said land, shall restore the said land as far as possible to its former state to the reasonable satisfaction of the owners and occupiers.

(5) The Board shall not be required to acquire any land of which it takes temporary possession pursuant to this Article.

(6) The Board shall pay to the owners and occupiers of land, of which it takes temporary possession by virtue of this Article, such compensation for any loss thereby suffered as though it were loss suffered and the amount of the compensation determined in consequence of the exercise by the Board of a power conferred upon it by Section 14 of the Act.

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.

(2) The powers of the Board compulsorily to acquire land or rights over land shall for the purposes of this Article be deemed to have been exercised if Notice to Treat has been served in respect of such land or rights before the end of the period mentioned in paragraph (1) hereof.

(3) Notwithstanding paragraph (1) hereof, the Board shall be entitled to remain in temporary possession of land pursuant to Article 21 of this Order after the end of the period mentioned in Paragraph (1) where possession of such land was taken before the end of such period.

PART IV

Miscellaneous and General

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:--

(a) Where land is acquired by the Board a utility whose apparatus is under, in, over, along or across the said land or any part thereof may and, upon reasonable request by the Board, shall, without unreasonable delay, do one or more of the following:--

(i)   remove the apparatus and place it or other apparatus provided in substitution for it in such other position or location as may be agreed with the Board.

(ii)  provide other apparatus in substitution for the existing apparatus and place it in such position or location as may be agreed with the Board.

(iii) take such further or other steps or make such further or other provision with the agreement of the Board as may secure the apparatus of the utility and the works of the Board and the proper functioning of each of them respectively from mutual interference or damage.

(b) Where the apparatus of a utility is under, in, upon, over, along or across a public road, the utility may and upon reasonable request by the Board shall without unreasonable delay do any one or more of the following:--

(i)   remove the apparatus and place it or other apparatus provided in substitution for it in such other position or location as may be agreed with the Board.

(ii)  provide other apparatus in substitution for the existing apparatus and place it in such position or location as may be agreed with the Board.

(iii) take such further or other steps or make such further or other provision with the agreement of the Board as may secure the apparatus of the utility and the works of the Board and the proper functioning of each of them respectively from mutual interference or damage.

(2) (a) Subject to the provisions of sub-paragraph (b), the Board shall pay to a utility an amount equal to the cost reasonably incurred by that utility in or in connection with the discharge by that utility of obligations on it arising pursuant to paragraph (1) of this Article.

(b)     (i)  Where a utility, in the course of the discharge of obligations arising pursuant to paragraph (1) above, causes its apparatus or any part thereof to be improved whether as to type, construction, design, layout, placement or in any other respect, the sum payable by the Board pursuant to sub-paragraph (a) of this paragraph shall nevertheless not exceed the cost that would have been reasonably incurred by the utility if the improvement had not been effected.

(ii)  Where the discharge by a utility of obligations arising pursuant to paragraph (1) results in benefit to the utility, a sum equivalent to the reasonable value of such benefit, as agreed with the Board or in default of agreement determined on arbitration pursuant to Article 24 hereof, shall be deductible by the Board from any sum otherwise payable to the utility pursuant to sub-paragraph (a) of this paragraph.

(3) A utility may permit the Board to carry out or cause to be carried out such portion of the works as the utility may agree in accordance with such conditions as may be agreed between the Board and the utility, provided, however, that a utility shall not be obliged to enter into any such agreement.

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 hereof, the following provisions shall apply:

(a) The Board and the utility shall use their best endeavour to resolve any such dispute on terms acceptable to the Board and the utility.

(b) If, after such period as the Board or the utility considers reasonable, such dispute has not been resolved to the satisfaction of both parties the following provisions shall apply

(i)   either party may, by 14 days notice in writing to the other party, require the subject matter of the dispute to be submitted to a single Arbitrator and shall, in such notice, nominate a person to arbitrate upon the subject matter of the dispute;

(ii)  The party receiving such notice may, within the said period of 14 days, by a counter notice, either

(A) accept the Arbitrator nominated by the party serving the original notice or

(B) nominate not less than two alternative persons to act as such Arbitrator;

(iii) If any one of the persons nominated by the parties is acceptable to both parties of the dispute then the subject matter of the arbitration shall be referred to such Arbitrator as soon as may be after such Arbitrator has indicated his willingness to act as Arbitrator;

(iv)  If, after service of such notice and such counter-notice, the parties fail to agree upon an Arbitrator or if an Arbitrator agreed upon has failed to indicate, within 14 days of being so requested, his willingness to act then either the Board or the utility may apply to the Chairman for the time being of the Irish Branch of the Chartered Institute of Arbitrators for the appointment of an Arbitrator;

(v)   where the Arbitrator is so appointed by the Chairman of the Irish Branch of the Chartered Institute of Arbitrators, he or she shall notify the Board and the utility in writing of his or her appointment as soon as may be thereafter and shall conduct the arbitration in accordance with the rules of the Irish Branch of the said Institute.

(vi)  The provisions of the Arbitration Acts, 1954 - 1980 shall apply to the arbitration and the decision of the Arbitrator in relation to the dispute and all matters connected therewith shall be binding on the parties thereto.

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 shall arise between the Board and any relevant road authority same 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 provisions shall apply:--

(i)   Such power shall not be capable of being exercised without the prior consent in writing of the Board, which consent shall not be unreasonably withheld or delayed.

(ii)  A utility, in exercising such powers with the consent of the Board, shall, in all respects, comply with any reasonable conditions specified by the Board as necessary for or in connection with the construction maintenance or operation of the light railway or the light railway works for the protection of the light railway.

Expenses of Minister.

28. Any expenses incurred by the Minister in the exercise of his or her powers and 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.

FIRST SCHEDULE

Part 1 Description of the works authorised by this Order.

Part 2 Further works authorised by this Order.

FIRST SCHEDULE

Part 1 Description of the works authorised by this Order.

AREA 7

Work No. 1

A light railway approximately 261 metres in length consisting of double lines of light railway commencing at match line O and running in a southerly direction along the eastern side of St. Stephen's Green West to the east of the intersection of York Street with St. Stephen's Green West and continuing in a southerly direction to the intersection of St. Stephen's Green West with St. Stephen's Green South on the east, Cuffe Street on the west and Harcourt Street on the south and ending at match line A on Plan No. B-RO 7 O-A.

Work No. 2

A light railway approximately 543 metres in length consisting of double lines of light railway commencing at match line A at the intersection of St. Stephen's Green South, St. Stephen's Green West, Cuffe Street and Harcourt Street and running in a southerly direction along the eastern side of Harcourt Street traversing the intersections of Harcourt Street with Stokes Place, Clonmel Street and Hatch Street Upper to the east and continuing in a southerly direction to the intersection of Harcourt Street with Adelaide Road and ending at match line B as shown on Plan No. B-RO 7 A-B.

Work No. 3

A light railway approximately 384 metres in length consisting of double lines of light railway commencing at match line B and turning in an easterly direction and running in an easterly direction along the northern side of Adelaide Road to the intersection of Adelaide Road with Peter Place and then turning in a southerly direction across Adelaide Road and running on the eastern side of Peter Place to the intersection of Albert Place West with Peter Place and then running in a southerly direction along a ramp to be constructed to Charlemont Place and traversing Charlemont Place by a new bridge to be constructed and ending at match line O at the mid point of the new bridge to be constructed over the Grand Canal as shown on Plan No. B.RO 7 B-O.

AREA 8

Work No. 1

A light railway approximately 272 metres in length consisting of double lines of light railway commencing at match line O at the mid point of a new bridge to be constructed over the Grand Canal and Grand Parade running in a southerly direction along the existing railway embankment commencing to the south of Grand Parade and running in a southerly direction to the intersection of the said railway embankment with Dartmouth Road, passing over Dartmouth Road on a new bridge to be constructed and continuing in a southerly direction along the existing railway embankment to its intersection with Northbrook Road and passing over Northbrook Road on a new bridge to be constructed and ending at match line A at the mid point of the new bridge at Northbrook Road as shown on Plan No. B-RO 8 O-A.

Work No. 2

A light railway approximately 421 metres in length consisting of double lines of light railway commencing at match line A at the mid point of the new bridge to be constructed over Northbrook Road and running in a southerly direction along the existing railway embankment to its intersection with Ranelagh Road and passing over Ranelagh Road by means of a new bridge to be constructed and continuing in a southerly direction along the existing railway embankment to its intersection with Charleston Road and passing over Charleston Road by means of a new bridge to be constructed and ending at match line B at the mid point of the new bridge at Charleston Road as shown on Plan No. B-RO 8 A-B.

Work No. 3

A light railway approximately 424 metres in length consisting of double lines of light railway commencing at match line B, the mid point of a new bridge to be constructed over Charleston Road, and running in a southerly direction along the existing railway embankment to the west of Elmwood Avenue Upper and continuing in a southerly direction to the intersection of the said railway embankment with Dunville Avenue and crossing Dunville Avenue on the level and ending at match line C at the mid point of Dunville Avenue as shown on Plan No. B-RO 8 B-C.

Work No. 4

A light railway approximately 545 metres in length consisting of double lines of light railway commencing at match line C at the mid point of Dunville Avenue and running in a southerly direction from Dunville Avenue along the existing railway embankment to the intersection of the existing railway formation with an open area between Cowper Road on the west and Cowper Gardens on the east and ending at match line D as shown on Plan No. B-RO 8 C-D.

Work No. 5

A light railway approximately 423 metres in length consisting of double lines of light railway commencing at match line D on the open area between the intersection of Cowper Road on the west and Cowper Gardens on the east and running in a southerly direction along the existing railway formation and ending to the east of Richmond Avenue South where it meets the existing railway formation at match line E as shown on Plan No. B-RO 8 D-E.

Work No. 6

A light railway approximately 508 metres in length consisting of double lines of light railway commencing at match line E to the east of Richmond Avenue South and running in a southerly direction on the existing railway formation immediately to the east of Richmond Avenue South and running in a southerly direction and ending at match line O at the mid point of an existing railway bridge known as the Milltown Viaduct as shown on Plan No. B-RO 8 E-O.

AREA 9

Work No. 1

A light railway approximately 450 metres in length consisting of double lines of light railway commencing at match line O at the mid point of the Milltown Viaduct and running in a southerly direction over the Milltown Viaduct and continuing in a southerly direction on the existing railway formation to the west of St. Columbanus Road and ending at match line A as shown on Plan No. B-RO 9 O A.

Work No. 2

A light railway approximately 536 metres in length consisting of double lines of light railway commencing at match line A and running in a southerly direction along the existing railway formation to the east of Churchtown Road Lower and ending at match line B at a point to the west and south of the intersection of Westbrook Road with Highfield Park as shown on Plan No. B-RO 9 A-B.

Work No. 3

A light railway approximately 448 metres in length consisting of double lines of light railway commencing at match line B and running in a southerly direction along the existing railway formation parallel with and to the east of Woodlawn Park and ending at match line C as shown on Plan No. B-RO 9 B-C.

Work No. 4

A light railway approximately 330 metres in length consisting of double lines of light railway commencing at match line C and running in a south easterly direction along the existing railway formation to a new bridge to be constructed carrying the light railway over the intersection of Churchtown Road Upper, Dundrum Road, Taney Road and Main Street, Dundrum, and ending at the mid point of such intersection at match line D as shown on Plan No. B-RO 9 C-D.

Work No. 5

A light railway approximately 487 metres in length consisting of double lines of light railway commencing at match line D at the junction of Churchtown Road, Dundrum Road, Taney Road and Main Street, Dundrum, and running in a south easterly direction along the existing railway formation running parallel with and to the east of Eglington Terrace, Dundrum, and ending at match line E where the existing railway cutting passes under Kilmacud Road Upper by means of an existing bridge as shown on Plan No. B-RO 9 D-E.

Work No. 6

A light railway approximately 318 metres in length consisting of double lines of light railway commencing at match line E on the existing railway cutting where the railway cutting passes under the Kilmacud Road Upper by means of a bridge and running in a south easterly direction along the said railway cutting and ending at match line F to the east of Sandyford Road as shown on Plan No. B-RO 9 E-F.

Work No. 7

A light railway approximately 399 metres in length consisting of double lines of light railway commencing at match line F and running in a south easterly direction along the existing railway cutting and terminating at match line O to the east of Sandyford Road as shown on Plan No. B-RO 9 F-O.

AREA 10

Work No. 1

A light railway approximately 541 metres in length consisting of double lines of light railway commencing at match line O to the east of Sandyford Road and running in a south easterly direction along the existing railway cutting to the north of Balally Drive and ending at match line A as shown on Plan No. B-RO 10 O-A.

Work No. 2

A light railway approximately 560 metres in length consisting of double lines of light railway commencing at match line A and running in an easterly direction along the existing railway formation to an open area to the south of Lakelands Close and ending at match line B as shown on Plan No. B-RO 10 A-B.

Work No. 3

A light railway approximately 534 metres in length consisting of double lines of light railway commencing at match line B and running in a south easterly direction to the south of Lakelands Close and ending at match line C as shown on Plan No. B-RO 10 B-C.

Work No. 4

A light railway approximately 516 metres in length consisting of double lines of light railway commencing at match line C and running in a south easterly direction crossing the Upper Kilmacud Road Extension and continuing to run to the south of the Stillorgan Reservoirs and ending at match line D as shown on Plan No. B-RO 10 C D.

Work No. 5

A light railway approximately 58 metres in length consisting of double lines of light railway commencing at match line D and running in a south easterly direction to a point approximately 3 metres east of the proposed Sandyford stop as shown on Plan No. B-RO 10 D-O.

FIRST SCHEDULE

Part 2 Further works authorised by this Order.

FIRST SCHEDULE -- PART 2

AREA 7

Work No. 1

Construct a stop on the eastern side of St. Stephen's Green West to be called “St. Stephen's Green stop” which is located to the east of the intersection of St. Stephen's Green West with Glovers Alley in the location shown on Plan No. B-RO 7 O-A and as shown in detail on Plan No. B-ST 7 O-A.

Work No. 2

Construct an underground electricity sub-station beneath St. Stephen's Green stop in the location shown on Plan No. B-RO 7 O-A.

Work No. 3

Construct a stop on the eastern side of Harcourt Street to be called “Harcourt stop” between the intersection of Harcourt Street and Hatch Street Upper and the intersection of Harcourt Street and Adelaide Road in the location shown on Plan No. B-RO 7 A-B and as shown in detail on Plan No. B-ST 7 A-B.

Work No. 4

Construct a ramp commencing at Peter Place and continuing over land to be acquired in a south easterly and a southerly direction to Charlemont Place at the location shown on Plan No. B-RO 7 B-O and as shown in detail on Plan No. B-RP 7 B-O and Plan No. B-BR 7 B-O.

Work No. 5

Construct an overbridge spanning Charlemont Place on the north, the Grand Canal, and Grand Parade on the south and leading on to the existing railway embankmant immediately to the south of Grand Parade in the location shown on Plan No. B-RO 7 B-O and on Plan No. B-RO 8 O-A together with a stop on the said overbridge to be called “Charlemont stop” with access stairs and lift as shown in detail on Plan No. B-RP 7 B-O and Plan No. B-BR 7 B-O.

AREA 8

Work No. 1

Construct an electricity sub-station under the southern end of the new bridge and stop to be constructed spanning Charlemont Place, Grand Canal, and Grand Parade immediately to the south of Grand Parade in the location shown on Plan No. B-RO 8 O-A and as shown in detail on Plan No. B-BR 7 B-O.

Work No. 2

Construct a new bridge carrying the light railway over Dartmouth Road at the location shown on Plan No. B-RO 8 O-A and as shown in detail on Plan No. B-BR 8 O-A.

Work No. 3

Construct a new bridge carrying the light railway over Northbrook Road in the location shown on Plan No. B-RO 8 O-A and Plan No. B-RO 8 A-B and as shown in detail on Plan No. B-BR 8 O-A.

Work No. 4

Construct an overbridge spanning Ranelagh Road together with a stop to be called “Ranelagh stop” with platforms, acces stairs, lift and kiosk to carry the light railway over Ranelagh Road in the location shown on Plan No. B-RO 8 A-B and as shown in detail on Plan No. B-BR 8 A-B.

Work No. 5

Construct a new bridge carrying the light railway over Charleston Road in the location shown on Plan No. B-RO 8 A-B and Plan No. B-RO 8 B-C and as shown in detail on Plan No. B-BR 8 O-A.

Work No. 6

Remove the existing abutments fronting on the north and south side of Dunville Avenue and grade the existing railway formation so as to provide for a crossing at grade across Dunville Avenue at the location shown on Plan No. B-RO 8 B-C and Plan No. B-RO 8 C-D and as shown on the longitudinal section Plan No. B-LN 8 O-O.

Work No. 7

Construct a stop to be called “Beechwood stop” to the south of Dunville Avenue on the existing railway formation together with an electricity sub-station on the eastern side of the said stop and a kiosk on the west side of the said stop in the location shown on Plan No. B-RO 8 C-D and as shown in detail on Plan No. B-ST 8 C-D.

Work No. 8

Construct a stop to be called “Cowper stop” to the north of the open ground situated between Cowper Road to the west and Cowper Gardens to the east in the location shown on Plan No. B-RO 8 C-D.

Work No. 9

Construct a stop to be called “Milltown stop” to the east of Richmond Avenue South and between the intersection of Richmond Avenue South with Temple Park to the west and the intersection between Richmond Avenue South and Richmond Court to the west in the location shown on Plan No. B-RO 8 E-O.

AREA 9

Work No. 1

Construct an electricity sub-station at the southern end of the existing railway bridge known as “the Milltown Viaduct” and to the west of the existing railway formation in the location shown on Plan No. B-RO 9 O-A and as shown in detail on Plan No. B-SS O-O.

Work No. 2

Construct a stop to the east of Churchtown Road Lower to be called “Windy Arbour stop” on the existing railway formation immediately to the east of the point where Churchtown Road Lower approaches the former railway formation in the location shown on Plan No. B-RO 9 A-B.

Work No. 3

Construct a new overbridge carrying the light railway in a south easterly direction from the end of the existing railway formation at Churchtown Road Upper across the junction of Taney Road, Dundrum Road, Churchtown Road Upper and Main Street, Dundrum, in the location shown on Plan No. B-RO 9 C-D and Plan No. B-RO 9 D-E and as shown in detail on Plan No. B-BR 9 CD 1&2.

Work No. 4

Construct an electricity sub-station and stairs adjacent thereto at the northern end of the new overbridge to be constructed at the junction of Churchtown Road Upper, Dundrum Road, Taney Road and Main Street, Dundrum, in the location shown on Plan No. B-RO 9 C-D and as shown in detail on Plan No. B-BR 9 CD 1&2.

Work No. 5

Construct a stop to be called “Dundrum stop” on the former railway formation immediately to the south of the new overbridge to be constructed to cross the intersection of Taney Road, Dundrum Road, Churchtown Road Upper and Main Street, Dundrum, in the location shown on Plan No. B-RO 9 D-E and shown in detail on Plan No. B-BR 9 C-D 1&2.

Work No. 6

Construct a new bridge over the formation immediately to the north of the entrance road from Sandyford Road to the formation at the location shown on Plan No. B-RO 9 F-O.

Work No. 7

Construct a stop with access stairs and ramp to be known as “Balally stop” in the location shown on Plan No. B-RO 9 F-O.

Work No. 8

Construct a car parking area with bus interchange facility adjacent to the existing railway formation and the stop to be constructed in the location shown on Plan No. B-RO 9 F-O.

Work No. 9

Construct an electricity sub-station to the north of the existing railway formation and east of the car parking area to be constructed in the location shown on Plan No. B-RO 9 F-O and as shown in detail on Plan No. B-SS O-O.

AREA 10

Work No. 1

Modify the electricity cable support structure in the existing railway cutting at the rear of St. Olaf's National School, Balally Drive at the location shown on Plan No. B-RO 10 A-B and as shown in detail on Plan No. B-ST 10 A-B.

Work No. 2

Construct a stop with access stairs, ramps and bicycle lock-up facility to be known as “Kilmacud stop” in the location shown on Plan No. B-RO 10 A-B and as shown in detail on Plan No. B-ST 10 A-B.

Work No. 3

Construct a new bridge over the formation to replace the existing infill crossing immediately to the east of the proposed Kilmacud stop at the location shown on Plan No. B-RO 10 A-B and as shown in detail on Plan No. B-ST 10 A-B.

Work No. 4

Construct a car parking area to the south of Lakelands Close in the location shown on Plan No. B-RO 10 B-C.

Work No. 5

Construct a stop with bicycle lock-up facility to be known as “Stillorgan stop” to the east of Upper Kilmacud Road Extension and to the south of the Stillorgan Reservoirs in the location shown on Plan No. B-RO 10 C-D and as shown in detail on Plan No. B-ST 10 C-D.

Work No. 6

Construct a car parking area immediately to the east of the proposed Stillorgan stop between the Stillorgan Reservoirs and Blackthorn Avenue in the location shown on Plan No. B-RO 10 C-D.

Work No. 7

Construct a stop to be known as “Sandyford stop” to the south of the Stillorgan Reservoirs in the location shown on Plan No. B-RO 10 D-O and as shown in detail on Plan No. B-ST 10 D-O.

Work No. 8

Construct a parking area together with bus interchange facility and kiosk to the south of the proposed Sandyford stop in the location shown on Plan No. B-RO 10 D-O and as shown in detail on Plan No. B-ST 10 D-O.

Work No. 9

Construct a depot with workshop, office and tram stabling facilities east of the proposed Sandyford stop and car parking area at the location shown on Plan No. BR-O 10 D-O.

SECOND SCHEDULE

Land which may be acquired.

THIRD SCHEDULE

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

Part 2 Land upon which poles may be erected.

THIRD SCHEDULE

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

THIRD SCHEDULE

Part 2 Land upon which poles may be erected.

FOURTH SCHEDULE

Basements under public roads which may be acquired.

FIFTH SCHEDULE

New roads which may be constructed.

AREA 7

None.

AREA 8

None.

AREA 9

1.      Construct a new road leading in a northerly direction from Sandyford Road to the proposed Balally stop and parking area as shown on Plan No. B-RO 9 F-O.

AREA 10

2.      Construct a new access path from Balally Drive through the western and northern grounds of St. Olaf's Primary School to the proposed Kilmacud stop as shown on Plan No. B-RO 10 A and Plan No. B-RO 10 A-B.

3.      Construct a new access path leading in a southerly direction from Upper Kilmacud Road to the proposed Kilmacud stop as shown on Plan No. B-RO 10 A and Plan No. B-RO 10 A-BO.

4.      Construct a new access path system with stairs and ramps leading from the proposed Sandyford stop to Brewery Road as shown on Plan No. B-RO 10 D-O.

SIXTH SCHEDULE

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

AREA 7

St. Stephen's Green West, Harcourt Street Adelaide Road, Peter Place.

AREA 8

Dunville Avenue.

AREA 9

None.

AREA 10

Blackthorn Avenue, Upper Kilmacud Road Extension.

SEVENTH SCHEDULE

Rights of way and other easements which may be acquired

EIGHTH SCHEDULE

Part 1 Public rights of way which may be extinguished.

Part 2 Private rights which may be extinguished.

EIGHTH SCHEDULE

Part 1 Public rights of way which may be extinguished.

EIGHTH SCHEDULE

Part 2 Private rights of way which may be extinguished.

NINTH SCHEDULE

Rights of way which may be temporarily interrupted.

TENTH SCHEDULE

Land which may be temporarily occupied

ELEVENTH SCHEDULE

Conditions attaching to the Order.

CONDITIONS

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.

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.