Railway Orders

Whats Coming Down the Track?

Michael Furminger BL represented a group of residents at the An Bord Pleanála Oral Hearing on Dublin's Metrolink Project.

A high priority for the new Government, perhaps its highest priority, is housing. The Programme for Government states that 300,000 new homes will be built by 2030. More of those homes will be built in Greater Dublin than in any other single area of the country.

Planning policy will wish to see those homes built in areas supported by high capacity, high frequency and sustainable (electric) public transport. The greater the distance between new/existing homes and city centres, the more likely it is that such public transport will be rail.

Paid Subscribers can read my archived post of 26 August 2024 which looked at the Metrolink and Dart+ West rail projects.

Luas Extension to Finglas

The clearest current example of a light rail project linking residential areas with Dublin City centre is the proposed Luas extension to Finglas.

Last November, Transport Infrastructure Ireland (on behalf of the National Transport Authority, “NTA”) submitted an application to An Bord Pleanála ("the Board") (No 321278) for a Railway Order in respect of the long proposed 4km route from Broombridge, Cabra, to Finglas. Submissions closed last month and the Board's next move is awaited (Further Information, Oral Hearing etc).

Broombridge is the existing Green Line northern terminus. It offers existing heavy rail and a proposed interchange with the recently approved Dart+ West line (July 2024, ABP 314232). The Finglas Luas extension is one of four identified by the NTA's Transport Strategy for the Greater Dublin Area 2022 – 42.

One of the main objectives of the Finglas extension is to facilitate house building along the route (projected population 56,000 by 2035) consistent with a transition to a zero-carbon transport system. The proposed new terminus at Charlestown is close to the M50 J5 and would serve an area characterised over the last 20 years by the development of high-density apartment schemes. The route will also serve the proposed Jamestown Business Park redevelopment (43ha SW and within 1km of J5 with potential for 3,800 homes accommodating up to 8,000 people).

Railway Orders – The Law

Many will be familiar with applications and approvals for road projects under sections 49 and 51 of the Roads Act 1993. Likely less familiar will be applications and approvals for rail developments under the Transport (Railway Infrastructure) Act 2001 (“the 2001 Act”).

The 2001 Act regulates the development (including land acquisition) and operation of railways. It has been amended on at least nine occasions and there is is no consolidated up-to-date version available online as there is with the Planning and Development Act 2000 (“PDA 2000”). The current version of the 2001 Act, as repeatedly amended, is difficult to follow.

The 2001 Act was significantly amended by the Planning and Development (Strategic Infrastructure) Act 2006. Until 2006, permission for railway development was Ministerial by Statutory Instrument. Since 2006 An Bord Pleanála has been responsible for determining applications concerning railway development.