An Bord Pleanála Inspector's Report

An Bord Pleanála

Inspector’s Report

DETAILS OF THE APPLICATION

Case Reference No: 29N.NA0004

Proposed Scheme: St. Stephen’s Green to Broombridge Light Railway – Line BXD

Applicant: Railway Procurement Agency (RPA)

Planning Authority: Dublin City Council (DCC)

Application Type: Railway Order (RO) under Section 37, Transport (Railway Infrastructure) Act 2001 [as amended by the Planning and Development (Strategic Infrastructure) Act 2006].

Submissions/Observations: Yes.

Site Inspections: Various dates/times.

Inspector: B. Wyse.

______PL29N.NA0004 An Bord Pleanála Page 1 of 274 TABLE OF CONTENTS

SECTION PAGE

1.0 INTRODUCTION 3

2.0 PROPOSED SCHEME 3

3.0 THE PLANNING FRAMEWORK 47

4.0 SUBMISSIONS/OBSERVATIONS 49

5.0 ORAL HEARING 119

6.0 ASSESSMENT 217

7.0 RECOMMENDATION 268

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1.0 INTRODUCTION

1.1 The Application

This is an application under Section 37 of the Transport (Railway Infrastructure) Act 2001 [as amended by the Planning and Development (Strategic Infrastructure) Act 2006] for a Railway Order (RO) to authorise the Railway Procurement Agency (RPA) to provide for the construction, operation and maintenance of a light railway from St. Stephen’s Green to Broombridge, a distance of approximately 5.6 kilometres.

The RO sought would, if granted, have a lifespan of 10 years from the date on which the RO comes into operation except in relation to the possible future stop within the Broadstone Bus Depot where it would have a lifespan of 15 years.

The application documentation comprises the following: -

• Draft Railway Order (Draft RO) • Plans of the proposed railway works. • Book of reference to the plan (indicating the identity of owners/occupiers of lands described in the plan). • Environmental Impact Statement (EIS).

1.2 Pre-Application Consultation

As required under Section 47B of the Act the proposed scheme was subject to pre-application consultations with the Board. Issues identified are set out in the records of the meetings held and summarised in the Inspector’s Report – see file ABP Ref. 29N. NC0005 attached.

1.3 Scoping of EIS

The preparation of the EIS for the proposed scheme was the subject of a request to the Board under Section 39(3)(a) of the Act for a written opinion on the information to be contained in the EIS and a written opinion was subsequently issued by the Board – see file ABP Ref. 29S.NS0004 attached.

2.0 PROPOSED SCHEME

2.1 Scheme Description

By reference to the public notice the proposed scheme includes the following main elements:

• Twin track light railway line routing from St. Stephen’s Green West (the current LUAS Green Line terminus) along St. Stephen's Green North, Dawson Street, Nassau Street, Grafton Street Lower, College Green,

______PL29N.NA0004 An Bord Pleanála Page 3 of 274 dividing to a single track loop outbound along Westmoreland Street, O’Connell Street Lower, O’Connell Street Upper, and inbound along Parnell Street (east of O’Connell Street), Marlborough Street, crossing the Liffey via the proposed Marlborough Street Public Transport Bridge, Hawkins Street, College Street, and continuing as a twin track line along Parnell Street (West of O’Connell Street), Dominic Street Lower, Dominick Street Upper, across Constitution Hill to route along the western perimeter of the Broadstone Bus Depot in Grangegorman into the former Broadstone railway cutting and onto Broombridge passing under the road bridges of North Circular Road, Cabra Road and Fassaugh Road.

• Approximately 4.6 kilometres of twin track line and approximately 2.5 kilometres of single track line.

• Approximately 100 metres of single track siding at St. Stephen's Green North east of Dawson Street.

• A total of 13 light railway stops of which 8 are located on-street, at Dawson Street, Westmoreland Street, O’Connell Street Lower, O’Connell Street Upper, Parnell Street, Marlborough Street, College Street, and Dominick Street Lower. The remaining stops are located at Broadstone adjacent to Constitution Hill, along the western perimeter of and within the Broadstone bus depot (a possible future stop), within the former Broadstone railway cutting between North Circular Road and Cabra Road, within the former Broadstone railway cutting north of Fassaugh Road and adjacent to the Irish Rail Broombridge railway station.

• The extension of the existing LUAS Green Line stop at St. Stephen's Green West.

• Overhead line equipment including poles and building fixings to support the overhead conductor system (OCS).

• The relocation of existing utility apparatus and the removal of bus stops and taxi ranks to accommodate the provision of the light railway lines.

• Electricity substations located at O’Connell Street Lower north of Middle Abbey Street, within the Broadstone bus depot and at south end of the proposed light railway depot.

• A light railway depot at Broombridge and comprising a part two-storey maintenance building, operations and maintenance staff facilities, light rail vehicle sanding and wash plant, light rail vehicle stabling lanes, access roads, staff car parking, and mast or telecommunications antennae.

• A pedestrian overbridge and lift structure to facilitate interchange between the Irish Rail services and LUAS services at Broombridge Railway Station. Vehicular and pedestrian access off Broombridge Road into the proposed

______PL29N.NA0004 An Bord Pleanála Page 4 of 274 stop at Broombridge and including set down for bus, taxi and ‘kiss and ride’ as well as bicycle stands.

• An underpass of the existing bus parking at the Dublin Bus Phibsborough bus garage.

• A new access off Constitution Hill to Temple Cottages.

• Demolition of:

- Buildings at Constitution Hill.

- Chassis wash building and replacement with new chassis wash building at Broadstone Bus Depot.

- Storage building and temporary portacabin offices at Broadstone Bus Depot.

2.2 The EIS

The main issues/impacts arising from the EIS are summarised in the following sections.

It should be noted that the overall approach here is to focus on the issues raised in the observer submissions and on issues of particular interest for the Board in gaining an understanding of the proposed scheme and which are likely to inform the determination of the case. In relation to environmental impacts the focus is primarily on identified significant negative impacts.

2.2.1 Description of the Scheme (EIS Chapter 7.0, Book 1)

For ease of identification within the EIS the proposed scheme is divided into two areas, Area 29 – St. Stephen’s Green to the former Broadstone railway cutting, the city centre area, and Area 30 – the former Broadstone railway cutting to Broombridge.

See also Description of the Scheme Maps in Book 4.

This chapter includes a detailed description of each element of the proposed scheme. The following is a summary of elements or aspects of the scheme over and above those identified in the public notice and already set out at Section 2.1 above.

Operation

Includes: -

• Maximum speed of 70 kph will be confined to the off-street sections north of Broadstone.

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• Metro North entails a relocation of the existing LUAS Red Line underground substation on O’Connell Street Lower to north of Middle Abbey Street and this is to be sized to meet the requirements of the proposed scheme. In the absence of Metro North a smaller substation would be constructed at this location.

• The signalling control system will be integrated into the existing Dublin City Traffic Control System SCATS.

• Proposed trams will be similar to those currently in use on the LUAS Green Line. These are 43 metres long articulated units with flexibility to extent to 53 metres. They can negotiate horizontal curves of minimum 25 metres radius.

• Journey time St. Stephen's Green to Broombridge expected to be approximately 24 minutes.

• Initial peak service frequency of 1 tram every 3 minutes in each direction.

• This service pattern will provide capacity for 6,200 passengers per direction per hour.

• Hours of operation are 5.00 a.m. – 12.30 a.m. Monday – Friday, 6.30 a.m. – 12.30 a.m. Saturday and 7.00 a.m. – 11.30 p.m. Sunday and bank holidays.

• Service frequency of 1 tram every 6 minutes during off-peak periods.

• A track turnout onto the proposed LUAS Lucan line will be provided at College Green to facilitate future works without disruption to traffic in this area.

Construction

Includes: -

• Prior to commencement of construction the following additional surveys/activities will be undertaken:

- Detailed topographical survey.

- Further slit trenching and additional radar mapping to confirm presence of utilities below ground.

- CCTV survey of condition of larger diameter sewers.

- Further geotechnical investigations.

- Archaeological excavation where required.

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- Building condition surveys prior to any works on cellars are undertaken. - Surveys to identify suitable fixing points on buildings for OCS supports.

- Additional structural surveys of the former Broadstone railway cutting walls.

- Surveys of the road bridges at North Circular Road, Cabra Road and Fassaugh Road.

• The main construction compound to be on the depot site at Broombridge with smaller compounds at St. Stephen's Green North, Cathal Brugha Street, Western Way, Broadstone and Grangegorman (Broadstone Bus Depot).

• All traffic management plans to be agreed with Dublin City Council following consultation with An Garda Siochana and other statutory stakeholders.

• Works to be coordinated with other developments including the construction of Metro North, DART Underground, Arnotts Northern Quarter and Dublin Central (Carlton site). An overarching traffic strategy will require to be implemented by Dublin City Council for these and other projects.

• All contractors will be required to establish and maintain an Environmental Management System (EMS) which will demonstrate that all requirements and mitigation measures, as specified in the EIS, are managed and implemented.

• Depending on the design of utility works cellars extending into the footpaths/carriageway may need to be acquired, existing plant may need to be refit or relocated and structural modifications may need to be carried out to the cellars.

• Utility diversion works generally comprise the removal, replacement, protection or decommissioning of any public utilities which cannot remain directly beneath the track bed. Within the city centre (Area 29) this will require the removal of existing road pavement or footpath generally to a maximum depth of 2 metres, with deeper excavations at some locations.

• At Broadstone there is a requirement for demolition of derelict houses, a petrol filling station and certain structures within Broadstone Bus Depot.

• The only areas where significant earthworks are required are in front of the Broadstone building to facilitate construction of the Broadstone – DIT stop

______PL29N.NA0004 An Bord Pleanála Page 7 of 274 and in the former Broadstone railway cutting to raise/lower the existing ground level as required.

• The construction of the Broadstone underpass will take approximately 15 months to complete and it will be detailed in such a way that its future removal to accommodate the planned grand entrance to the Grangegorman campus from Constitution Hill will be possible with a low level of disruption and demolition.

• In the area of the Phibsborough Stop the existing stone walls (within the former Broadstone railway cutting) will be subject to remedial works to ensure the requisite factor of safety when the track and stop are in place and during construction works. Soil nailing is deemed to be the most suitable technique.

• Due to the uneven level of the ground in the area of the proposed Broombridge Depot extensive excavation and levelling works will be required.

• Construction of the track work and buildings at the Broombridge Depot will take approximately 18 months.

• Track bed construction will generally entail the excavation of a 6-7 metre wide trench varying in depth to between 0.8 metres and 1.5 metres.

• Three different types of track bed are proposed; ballast track; traditional track; and embedded track.

• Construction work hours will generally be 8 a.m. – 6 p.m., Monday to Friday and 9 a.m. – 4 p.m. Saturdays. Out of hours work, where necessary to be agreed with Dublin City Council (DCC) and planned to take account of sensitive receptors, especially residences.

• Approximately 286,000 tonnes of material will be generated as part of the construction of the proposed scheme. Uncontaminated spoil will be reused where possible. There will also be some requirement for importation of bulk fill materials.

• A precise construction programme cannot be established until a contractor has been appointed. Assumptions for EIS purposes are:

- Work to start simultaneously at a number of locations. - Overall duration of construction activity to be approximately 33 months. - Additional period required for testing and commissioning.

• Construction to be phased with Metro North to ensure accessibility to the city centre and maintenance of its economic wellbeing.

______PL29N.NA0004 An Bord Pleanála Page 8 of 274 • It is considered that, in the first six months of 2016, it would not be desirable to undertake construction works within the city centre given the commemoration services for the centenary of the 1916 Easter Rising which are likely to focus on the processional route between O’Connell Street and College Green.

• Assumed that the works associated with the proposed scheme will take place in the following manner: -

- Initial phase prior to commencement of Metro North main works and comprising localised utility works and cellar reconfiguration at various locations within the city centre. At each location these concurrent works are likely to be in order of two months in duration within a total duration of approximately 12 months.

- The proposed scheme works will commence following the reinstatement of the roads by the Metro North main works contractor and taking cognisance of any requirements for the 1916 commemoration services.

• At any one time no greater than three open work sites on each side of the city. Total duration of works for this phase approximately 30 months.

• It is proposed that elements of the proposed scheme infrastructure (track bed, rail, stop platforms, pole foundations etc.) be included within the Metro North scope of works for the main works contracts at St. Stephen’s Green, Westmoreland Street and O’Connell Street Lower as far as Henry Street.

• Testing and commissioning is envisaged to be of 3 months duration.

Deviations

Includes: -

The Draft RO provides for deviations from the specified design in order to facilitate on-site construction or maintenance and to allow a limited degree of flexibility to react to on-site circumstances which are unforeseeable at design stage. Deviations may occur provided they have no significant adverse environmental effect. The deviations provided for are as follows:

• Lateral deviations up to 2.5 metres where works situated in a public road and up to 5.0 metres elsewhere.

• Vertical deviations of up to 1.0 metre upwards or downwards where works situated in a public road and up to 2.0 metres upwards or downwards elsewhere.

• Longitudinal deviations up to 20.0 metres.

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• Up to 0.75 metres in any direction in respect of fixings to a protected structure.

2.2.2 Need and Objectives (EIS Chapter 4.0, Book 1)

The need for the proposed scheme is identified as; to cater for the existing and future demand for cross-city trips and to offer greater penetration into the city centre; and to create a LUAS network/integrated public transport network.

The objectives for the proposed scheme, as set out in Transport 21, are: -

• To provide a link between the two existing LUAS lines with further penetration of the LUAS Green Line into the city centre.

• To extend the cross-city link northwards to serve Broadstone and the proposed DIT Campus at Grangegorman.

• To connect with the existing Maynooth railway line in the vicinity of Liffey Junction (Broombridge Station).

In addition, based on these and other Government policy documents, the RPA has also set the following specific objectives for the proposed scheme: -

• Support and contribute to the achievement of the policies and objectives of DCC, in respect of national transportation and land use strategies.

• Minimisation of environmental impacts of existing transport modes including congestion and associated pollution problems.

• Generation of social and economic benefits.

• Delivery of good quality integrated transport infrastructure.

• Improve accessibility of areas along the alignment.

2.2.3 Planning and Policy Context (EIS Chapter 3.0, Book 1)

See also Planning and Policy Context Maps in Book 4

Policy documents referenced include: -

(i) A Platform for Change – An Integrated Transportation Strategy for the Greater Dublin Area 2000-2016, DTO 2001.

(ii) Transport 21, GOI 2005

(iii) Statement of Strategy 2005-2007, DOT

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(iv) National Spatial Strategy (NSS) 2002-2020, DoEHLG 2002

(v) National Development Plan (NDP) 2007-2013, GOI 2007

(vi) Smarter Travel – A New Transport Policy for Ireland 2009-2020, DOT 2009.

(vii) Regional Planning Guidelines for the Greater Dublin Area (RPGGDA) 2004-2016, The Dublin Regional Authority and Mid-East Regional Authority, 2004.

(viii) Dublin City Development Plan (DCDP) 2005-2011, DCC 2005.

(ix) Draft DCDP 2011-2017, DCC 2010.

(x) Dublin City Heritage Plan 2002-2006, DCC 2002.

(xi) O’Connell Street Integrated Area Plan (LAP), DCC 1998.

(xii) Framework Plan for Parnell Square, DCC 2005.

(xiii) Phibsborough/Mountjoy Local Area Plan (LAP), DCC 2008.

(xiv) Grangegorman Masterplan, Grangegorman Development Agency (GDA) 2008.

It is indicated that it is intended that DCC will adopt a Supplementary Development Contribution Scheme (SDCS) for the proposed scheme to apply to any developments located within approximately 1 kilometre on either side of the line.

This chapter also sets out how a range of topic-specific policies contained in several of these documents were considered in the preparation of the EIS.

2.2.4 Alternatives (EIS Chapter 6.0, Book 1)

The methodology utilised for assessing alternatives was a multi-criteria analysis (MCA) in line with Guidelines on a Common Appraisal Framework for Transport Projects and Programmes, DOT 2009. The assessment was supplemented by a monetised cost benefit analysis (CBA) where appropriate. Projects costing in excess of €30 million require a CBA to be carried out.

The main alternatives are assessed under the following headings: -

• Systems Concept.

• Route Corridor.

• Preferred Route Corridor (PRC).

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(i) Systems Concept

The concepts considered are: -

• the light rail concept

• the Metro concept (including reference to Metro North)

• bus based concept

The light rail concept is considered compatible with the principles of A Platform for Change and the objectives of Transport 21 to provide a light rail link between the two LUAS lines. It would also be in keeping with the transport and land use policies of the DTO, DCC and others.

A Metro alternative was not considered primarily because the greater spacing between stops would not bring the same degree of improvements to city centre accessibility.

Given the common elements of the route corridors within the core city centre area Metro North was considered as a potential alternative. This was rejected on the grounds that: -

• Metro North would not extend the LUAS Green Line beyond St. Stephen’s Green without the requirement for interchange and the linkage between the LUAS Red and Green lines would require two interchanges.

• Metro North would not provide frequent stop spacing within the city centre.

• The provision of Metro North alone would critically frustrate the future delivery of a light rail network for the city.

• The combined effect of LUAS Line BXD and Metro North is considerably greater than the achievement of the delivery of one of these projects in isolation. The only duplication that occurs is the common location of two stops at St. Stephen’s Green and O’Connell Street and there are strong merits in serving these locations by both modes.

• Metro North would not provide an engineering link between LUAS Red and Green Lines which would permit transfer of vehicles between the Red Cow and Sandyford depots.

• Metro North would not enhance accessibility for the north-west inner city, Cabra, Phibsborough and the planned DIT campus at Grangegorman.

The bus based concept was rejected because; it would be less attractive to passengers; light rail would have greater potential integration benefit; and light rail could have a greater effect on commercial investment decision making.

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(ii) Route Corridor

This assessment comprised two stages: -

(a) LUAS Line BX from St. Stephen’s Green to O’Connell Street. (b) LUAS Line D, extension of LUAS Line BX to Broombridge.

(a) LUAS Line BX

In line with the scheme objective to provide a link between the two existing LUAS lines, with further penetrations of the LUAS Green Line into the city centre, an initial broad range of route corridor options, including a significant element of the city centre street network, were distilled to five potential route corridors (A-E).

The assessment included consideration of the manner by which a link to the LUAS Red Line would be implemented. This would involve two options: -

• Option 1: A track connection enabling a through running of services from one line to the other.

• Option 2: An interchange, whereby the tracks are not joined in such a way as to permit through running of services but with stops on the two lines provided in close proximity.

The two main alternative locations for any such link would be Marlborough Street/Abbey Street Lower or O’Connell Street Lower/Middle Abbey Street.

In relation to Option 1 this arrangement, which would involve the provision of two or more sets of connecting curved tracks, could only be provided at a location where there is a substantial amount of road space.

The requirement to maintain two lanes of road traffic in both directions on O’Connell Street Lower would mean it would be necessary to narrow the widened footpaths on the west side of O’Connell Street Lower to provide for these two lanes to be separated from the tracks and to avoid conflict with trams changing lines. The connecting curve to the east would reduce the footpath on O’Connell Street Lower in the vicinity of the pedestrian crossing of Abbey Street Lower to an insufficient width. The only suitable location for a stop on O’Connell Street Lower would require the platform and ramps extending into Bachelors Walk.

In relation to Option 2 while this arrangement would reduce operational flexibility it would be possible to provide it at O’Connell Street Lower without the need to acquire any property. The arrangement would include a connection between the two lines to allow trams to move between the two lines to access depot facilities at Red Cow and at Sandyford. However, as use of the connecting curves would be restricted to out-of-hours operation, road vehicles would not

______PL29N.NA0004 An Bord Pleanála Page 13 of 274 have to be segregated from the tracks as in Option 1 and the footpaths on O’Connell Street Lower would not have to be narrowed.

Option 2 was selected on the basis that: -

• there would be no requirement to reduce footpath width;

• as priority is not afforded to trams at the crossing of O’Connell Street Lower, because of the large numbers of bus movements north and southbound, Option 1, with through running and increased complexity of operation as the network develops and frequency increase, would give rise to a significant risk of delays and the potential for “bunching” of trams;

• any inconvenience is effectively minimised by the siting of interchange stops close to one another;

• there is a need to balance the requirement for a convenient link between the two lines while maintaining options for increasing end-to-end capacity across both lines;

• provision would be made to permit trams to move between lines during out-of- service hours for maintenance and operational purposes.

The five route corridor options A-E were evaluated by reference to; environmental; safety; economy; accessibility; policy and transport integration; and stakeholder and public support criteria.

On the basis of this evaluation Route A was brought forward for the further consideration.

In consideration of feedback and concerns in relation to the impacts on the newly completed O’Connell Street refurbishments a revised Route Option A was developed. In tandem with this, and further to more discussions with DCC, Dublin Bus and other key stakeholders, a sixth route option, Route Option F, emerged. Both of these route options were again subject to the MCA, as before, and Route Option F was selected as the preferred route option.

(b) LUAS Line D

It is noted that although not included in Transport 21 the extension of LUAS Line D from Liffey Junction (Broombridge) to connect with Metro West is still planned, but beyond the Transport 21 timeframe. LUAS Line D can thus be considered ultimately as a route extending from LUAS Line BX to connect with Metro West north of Finglas, with the first phase being the route from O’Connell Street Upper to Broombridge.

The objectives for LUAS Line D were: -

• to serve Broadstone

______PL29N.NA0004 An Bord Pleanála Page 14 of 274 • to serve the proposed DIT campus at Grangegorman • to interchange with the Maynooth railway line at Broombridge

The evaluation considered the line in two sections, Section 1 between Broadstone and Broombridge and Section 2 between O’Connell Street Upper and Broadstone.

In considering corridor options for Section 1 a common starting point of the Constitution Hill/Western Way Junction was assumed for all options. Of four options considered Route Option C, along the disused former Broadstone railway cutting, was selected for further evaluation.

In considering Section 2 two of the four possible routes, C and D, were selected for further evaluation – annotated Routes Options 1 and 2. Within these options further sub-options were also considered to ensure the most effective connection to the BX line. Route Option 2(b), from Broadstone via Dominick Street Upper and Lower and providing a connection with LUAS Line BX at Parnell Street was selected as the preferred route corridor.

The combination of the preferred route corridors for the LUAS Line BX and LUAS Line D generated the preferred route corridor for LUAS Line BXD, the proposed scheme.

(iii) Preferred Route Corridor (PRC)

The final stage of the assessment of alternatives examined detailed design options in relation to:

• Stop location and design.

• Horizontal/vertical track alignments.

• Location of crossovers and turnbacks.

• Power supply system.

• Depot location and design.

Stop Location and Design

Includes: -

• Dawson Stop will be an offset lateral platform arrangement with the inbound platform located between Anne Street South and Duke Street centred along the axis of Royal Hibernian Way, and the outbound stop platform sited on the east side of the street between Nassau Street and Dawson Lane.

Alternative locations for the stop on Dawson Street were considered.

______PL29N.NA0004 An Bord Pleanála Page 15 of 274 A lateral platform stop arrangement on Dawson Street between Molesworth Street and Dawson Lane was considered. However, the requirement to provide 53 metre stop platforms would necessitate the provision of alternative access into Dawson Lane through building acquisition on Molesworth Street. Furthermore, the remaining traffic lane width on the west side of the street was considered too narrow under this arrangement with access into Duke Street for larger vehicles impeded due to the proximity of the stop platform.

An offset lateral platform with the inbound stop between Anne Street South and Duke Street and the outbound stop platform fronting St. Ann’s Church and the Mansion House was considered. However, the resulting impact on access to the church together with the intervention in the Mansion House setting was considered inappropriate. A further consideration was the reasonably close proximity of the outbound stop to the existing outbound stop at St. Stephen’s Green west.

The stop location on Dawson Street, forming part of the proposed scheme, will have a direct impact on the track alignment along the street with the requirement that the spacing between the inbound and outbound tracks be increased on the approach to the stop.

• The single platform for the Westmoreland Street Stop will be located on the east side of the street. The Metro North O’Connell Stop will be conveniently located on the west side of the street.

• The O’Connell Street – GPO Stop will be located within the median of O’Connell Street Lower, north of Middle Abbey Street.

• O’Connell Street Upper Stop will be located in the central median close to Cathal Brugha Street junction.

• The Parnell Stop will be located between Parnell Square East and Parnell Place. An alternative stop location on the east side of Marlborough Street between Parnell Street and Cathal Brugha Street was considered.

This alternative location was eliminated because it was judged to be too far from the Metro North Stop at Parnell Square and would not result in convenient interchange for passengers. In addition, DCC identified a preference for the stop to be located at Parnell Street to aid in meeting their desired objective of establishing Parnell Square as a major cultural centre and to facilitate better interchange with the proposed Metro North Stop.

• The Marlborough Stop will be located at the junction with Sackville Place on the east side of the street and close to the Abbey Street Lower junction.

• Dominick Stop will be an island platform located on the western side of Dominick Street Lower close to the junction with Parnell Street.

______PL29N.NA0004 An Bord Pleanála Page 16 of 274 • The location, layout and arrangement of the Broadstone – DIT Stop were fundamentally based on the consideration of options for crossing Constitution Hill, and which included at-grade and grade separated options. Concluded that Option 3(b), an at-grade crossing of Constitution Hill with a lower level, open aspect stop arrangement in front of the Broadstone building and track alignment south of Western Way, represented the best option. To the west of the stop the track will travel in an underpass such that access to the Broadstone Bus Depot and bus parking at Phibsborough Garage can be maintained.

• The Grangegorman Stop will come into operation upon completion of the Grangegorman DIT campus.

• The Phibsborough Stop will be located within the former Broadstone railway cutting between North Circular Road and Cabra Road. Access to platform level will be provided from both North Circular Road and Cabra Road via stairs and lifts from new deck levels abutting the existing road overbridges. The railway cutting is at its narrowest between the North Circular Road and Cabra Road and is formed by two dry-stone retaining walls requiring a reduction in the standard platform width. Due to the reduced platform widths it is proposed to minimise the furniture on the platforms. In addition the ticket vending machines (TVMs) will be provided at road level on the proposed decks.

An alternative location for the stop was proposed to the north of Cabra Road with access only provided to the south of the stop from Cabra Road. In terms of stop accessibility, the provision of access from both North Circular Road and Cabra Road was more attractive than an option where access is only available from Cabra Road. In submissions received from DCC and DTO it was requested that a stop with access from both North Circular Road and Cabra Road be provided for this reason.

Furthermore, an assessment of the stop distances between the Phibsborough Stop and the stops north and south of it at Cabra and Grangegorman indicated that a location between North Circular Road and Cabra Road was more desirable as inter-stop distances are between 400-450m. Should the stop be moved further north it would result in the distance to Cabra Stop reducing to 280m. This would result in excess overlapping of suburban catchment areas between the Phibsborough and Cabra stops.

• The Cabra Stop will be located within the former Broadstone railway cutting north of the Fassaugh Road overbridge. Access to the stop will be provided from Fassaugh Road and Mount Bernard Park. This stop location represents an important element of the proposed redevelopment of Mount Bernard Park under the Phibsborough/Mountjoy Local Area Plan. Early designs for this stop were located some 250 metres north of the Fassaugh Road overbridge. However, following public consultation and further investigations the stop was moved southwards to minimise the walk distance from Fassaugh Road.

______PL29N.NA0004 An Bord Pleanála Page 17 of 274 • The precise location of the Broombridge Stop is dictated by the requirement to provide good interchange with the Iarnrod Eireann Broombridge Station and to facilitate a possible future extension of the line to Finglas.

Horizontal/Vertical Track Alignments

Includes: -

• The location of the escalator bank on St. Stephen’s Green North and the extent of the station box proposed for Metro North are fundamental to the chosen alignment option in this area and which will encroach on the existing footpath on the southern side of St. Stephen’s Green North which forms part of the curtilage of a National Monument. The proposed DART Underground is not affected by this alignment.

• The horizontal track alignment on O’Connell Street Upper between the O’Connell – GPO stop and Parnell Street will comprise a section of shared running in the outside traffic lane from the O’Connell - GPO Stop to north of the Spire with the alignment then diverging into the median on O’Connell Street Upper. The alignment will enter the median at the earliest feasible point north of the Spire to minimise interaction with bus routes and stops on O’Connell Street Upper.

Two alternative alignments north of the Spire were proposed by DCC. The first was to continue the alignment in the outside traffic lane along the entire length of the street. This was considered impractical given the number of bus stops and difficulties in crossing of the junction at Parnell Street. The second was to divert into the median north of the Father Matthew Statue and then relocate to straddle the Cathal Brugha Street junction. This was considered to give rise too much interaction with bus stops.

Location of Crossovers and Turnbacks

Includes: -

• Currently trams on the Luas Green Line use the existing crossover on St. Stephen’s Green West to turn back into service on reaching the terminus stop. Under the proposed scheme it would no longer be possible to use this crossover without impeding operations. Furthermore the proposed scheme will require the removal of the existing tram run-out area immediately north of the existing St. Stephen’s Green Stop which also caters for failed trams. To replace this facility, a connection will be provided into a single track shunt area east of the Dawson Street junction and on the south side of St. Stephen’s Green North. This shunt area will permit operational flexibility in offering the ability, as circumstances may dictate, to turn back trams from the extended Luas Green Line and in addition provide a refuge for a failed tram, the only such refuge between the depots at Sandyford and what is proposed at Broombridge. The ability to provide for this facility between Dawson Street

______PL29N.NA0004 An Bord Pleanála Page 18 of 274 and College Green was discounted due to conflict with road vehicles which would arise in a shared running environment.

Power Supply System

Includes: -

• Alternatives examined for the core city centre area included “the third rail system” whereby power to the tram is supplied from an extra rail embedded in the road surface. This system was first used in light railway system in Bordeaux opened in 2003 and it has since been adopted in other French cities of Reims, Angers and Orleans.

The system was not deemed suitable for the following reasons: -

- It is new technology with limited application to a small number of French cities and is available only from a single provider.

- Maintenance of ground level switch boxes in a densely trafficked and shared running environment, such as at College Green, would be impractical due to the potential for significant road traffic disruption associated with maintenance and possibly including road closures. Furthermore, there are concerns over the robustness of the electrical switching system.

- The costs of implementation and maintenance are substantially greater when compared to a conventional OCS system.

- There would be a requirement to retro-fit the entire existing LUAS light railway vehicle fleet at substantial cost in order to render those vehicles suitable for use with third rail technology.

- Reliability of the Bordeaux tramway was poor for the early years of service although this now appears to have been resolved. Nonetheless, questions remain about how it performs under certain weather conditions (e.g. snow, ice, etc.)

- The Railway Safety Commission (RSC) state that “the application of conductor rail systems is not preferred by the RSC due to greater associated risk”.

- Dublin’s LUAS trams minimise energy consumption by reconverting energy supplied to the vehicle back into electrical energy for use by other trams nearby on the system when the brakes are applied. Vehicles powered by the third rail technology do not have this capability and represent a less sustainable solution.

______PL29N.NA0004 An Bord Pleanála Page 19 of 274 - The addition of heavy batteries to each tram would draw an increased power requirement and consumption compared to the OCS system.

2.2.5 Architecture Design Strategy (EIS Chapter 7A, Book 1)

See also Annex N, Book 5.

Includes: -

• During the construction works the impacts on utility services without mitigation could range from medium to very high magnitude depending upon the type and duration of any disruption to a particular utility service.

• Impacts associated with the operational phase of the proposed scheme are expected to persist over the lifetime of the proposed scheme. Where utilities are located in whole or in part within the footprint of the proposed scheme, the ability to undertake future utility maintenance or diversion activities would be affected by the presence of a live tramway. Similarly, future utility maintenance or diversion activities could affect tram operations. During the operational phase the impacts on utility services without mitigation could range from medium to very high magnitude as the timings for repair to a damaged utility may be affected resulting in durations of service disruptions to increase.

• The importance of continuity of service to consumers is recognised. Utility diversion works will be co-ordinated and programmed in consultation with the relevant stakeholders to minimise impact.

• In some cases, as part of the utility diversion works, planned service disruptions will be required to facilitate connection of the existing utilities to the newly diverted utilities. In such cases, the type, duration and phasing of the planned disruption will take cognisance of the requirements of those premises served by the utility. In addition, RPA will investigate the requirement and feasibility for providing utility redundancy for critical businesses along the proposed alignment.

• Construction phase strategies will include: -

- Construction updates - Weekly business/resident forums - Construction site posters

______PL29N.NA0004 An Bord Pleanála Page 43 of 274 - Site posters for business - Community liaison

• To ensure that the operation of the proposed scheme is not affected by future utility maintenance or diversion activities, utility services will generally be diverted away from the track. All utilities that cross the track or the proposed scheme infrastructure will be protected or lowered, relocated or diverted as necessary and spare capacity may be provided for future maintenance or expansion.

• Post mitigation residual impacts all rated as of moderate significance.

• The operation of the proposed scheme will not impact on utility services.

2.2.19 Interrelationships, Interactions and Cumulative Impacts (EIS Chapter 18, Books 2 and 3)

Interrelationships/interactions described in Matrix (Fig. 18.1) and Table 18.1.

Cumulative Impacts Assessment includes: -

• No significant construction phase cumulative impacts associated with the “Dublin Central” development (DCC Ref. 2479/08 – Carlton Site) or the “Northern Quarter” development (DCC Ref. 3366/09 – Arnotts).

• There is a need to phase the construction of the proposed scheme and Metro North such that disruption would be minimised. Subject to receipt of an enforceable RO for the proposed scheme within the procurement timelines for Metro North it is proposed that relevant elements of the proposed scheme infrastructure be included within the Metro North scope of works for the main works contract for the relevant area generally between St. Stephen’s Green and O’Connell Street Lower.

• Consultations with Iarnrod Eireann indicate that simultaneous construction of the proposed scheme with the DART Underground would be unlikely.

• Based on the construction programmes for the proposed scheme and the other projects, it is considered that the potential cumulative impacts, arising in relation to these other projects, would only be related to an extension of the overall duration of construction works within the city centre resulting in socio-economic impacts.

• The socio-economic characteristics of an area are affected by change in a number of factors including its overall accessibility via public and private transport, noise levels, and its landscape and visual qualities. Disruption from these factors caused by construction activities are unlikely to occur during the same period of time due to site access arrangements for the schemes, although the programming of the schemes means that construction activities will in all likelihood extend over a longer period of time in total

______PL29N.NA0004 An Bord Pleanála Page 44 of 274 resulting in lesser impacts but over a longer period. All such impacts will in any case be mitigated by the implementation of good construction and environmental site management practices and will be intermittent and temporary in nature. In addition, appropriate information procedures will be put in place to cater for the resident, working and visiting populations.

• While assumptions have been made in this EIS based on the construction programmes for all projects, it is considered that given their status within the planning process there remains a possibility that the construction programmes may change as these projects develop. In such a scenario, it is possible that the construction phases for Metro North, DART Underground and the other significant developments may overlap with the construction of the proposed scheme. In this context the cumulative effects identified during construction of the proposed scheme may change for certain environmental aspects.

• For example, if construction of the proposed scheme and Metro North were to occur contemporaneously, advantages could accrue such as a reduction in the overall duration of construction works within the city centre and the proposed scheme and Metro North may commence operations at the same time. However, disadvantages that could accrue include: -

- The level of disruption increases, as more areas of the city centre are disrupted simultaneously.

- Metro North construction programme could be extended due to traffic management restrictions elsewhere in the city, thus extending the duration of the construction effects.

- Metro North proposed diversion routes and haul routes could be impacted by works associated with the proposed scheme.

• In assessing cumulative impacts the potential for additional cumulative impacts has been considered if overlapping of construction phases and contemporaneous construction were to occur with other major infrastructure projects in the city centre.

Conclusions to this assessment include: -

(i) Human Beings: Socio-Economics

If the construction phase for the proposed scheme were to overlap, in whole or part, with those works on Metro North and/or DART Underground, there is potential for socio-economic cumulative impacts. These impacts would be associated with an increase in the level of disruption as more areas of the city centre are disrupted simultaneously as a consequence of overlapping construction. In respect of traffic this may result in increased delay and congestion on those routes where construction is taking place and/or adjacent routes onto which traffic may divert. Following the implementation of the mitigation measures outlined in the Metro North EIS

______PL29N.NA0004 An Bord Pleanála Page 45 of 274 and this EIS for the proposed scheme, it is not expected that there would be any significant socio-economic cumulative impacts associated with noise, vibration and landscape and visual.

On-going liaison with representatives from both projects, the local authority and other key stakeholders, together with the provision of appropriate and advance information for the business, resident, working and visiting populations will mitigate potential impacts associated with the construction phase.

It is considered desirable that an overarching traffic strategy be implemented by DCC to complement the provision of these and other major infrastructure projects. This strategy would set out its vision for the city centre and incorporate a city wide transport plan. It would bring a coherence, understanding and certainty to a long-term traffic routing for the city which would inspire confidence and ensure reliability of access thereby maintaining the vitality and economy of the city centre throughout and beyond the construction phase.

An effective intensive and co-ordinated major communications campaign which has the support and active involvement of all key stakeholders will be fundamental to the successful implementation of such a city wide transport plan.

The operational phase will benefit from the presence of Metro North and DART Underground due to the passengers’ ability to interchange with these schemes. This will lead to an increase in accessibility to areas served by both Metro North and DART Underground.

(ii) Human Beings: Noise and Vibration

If the construction phase for the proposed scheme were to overlap, in whole or in part, with those works on Metro North and/or DART Underground, there is potential for cumulative impacts associated with noise and vibration. Due to the nature of the construction activities such cumulative impacts would be intermittent and temporary in nature.

Implementation of the noise and vibration mitigation measures outlined in the Metro North EIS and in the EIS for the proposed scheme will ensure that there are no significant cumulative impacts. In respect of DART Underground it is not anticipated that there would be any cumulative noise or vibration impacts at St. Stephen’s Green North due to the proposed scheme. In addition there will be on-going liaison with representatives from these projects, the local authority and other key stakeholders. Furthermore, the provision of appropriate and advance information for the business, resident, working and visiting populations will mitigate potential impacts associated with the construction phase.

______PL29N.NA0004 An Bord Pleanála Page 46 of 274 (iii) Human Beings: Traffic

During the construction of the proposed scheme, potential cumulative impacts arise in respect of traffic management measures on the street affecting haul routes to and from the construction sites associated with the Metro North and DART Underground projects. Dawson Street is identified as a haul route from the St. Stephen’s Green construction sites for Metro North and DART Underground. As part of the traffic management measures assumed for the proposed scheme, general traffic will be diverted away from Dawson Street. However, the proposed works on Dawson Street will allow through movement of traffic in a single lane from St. Stephen’s Green North to Nassau Street and whereas there may be increased delays to construction vehicles the haul routes will not be significantly impacted upon. Similarly access to and from O’Connell Street and Parnell Square will be maintained throughout construction and therefore the haul routes to and from the Metro North sites will not be significantly impacted upon.

In addition to the construction sites for the other projects at St. Stephen’s Green North, Westmoreland Street, O’Connell Street and Parnell Square further routes within the study area would be affected by construction works and associated traffic management measures for the proposed scheme. The level of disruption thus increases as more areas of the city centre are disrupted simultaneously as a consequence of overlapping construction. This may result in increased delay and congestion on those routes where construction is taking place and/or adjacent routes onto which traffic may divert. This would have the potential to give rise to significant cumulative traffic impacts on certain road user categories. It is considered desirable that an overarching traffic strategy be implemented by DCC to complement the provision of these and other projects.

(iv) Landscape and Visual

If the construction phase for the proposed scheme were to overlap, in whole or in part, with those works on Metro North and/or DART Underground, there is potential for cumulative impacts associated with landscape and visual due to the presence of construction activities and compounds in more areas of the city at the same time. Due to the nature of these activities such cumulative impacts would be temporary in nature.

Implementation of the appropriate mitigation measures outlined in the Metro North EIS and in this EIS for the proposed scheme will ensure that there are no significant cumulative impacts. In particular, the implementation of good construction and environmental site management practices, as well as on-going liaison with representatives from these projects, the local authority and other key stakeholders will mitigate the potential cumulative impacts. Furthermore, the provision of appropriate

______PL29N.NA0004 An Bord Pleanála Page 47 of 274 and advance information for the business, resident, working and visiting populations will mitigate potential cumulative impacts associated with the construction phase.

3.0 THE PLANNING FRAMEWORK

The Planning and policy documentation referred to in the EIS is as set out at Section 2.2.3 above.

The following is an update on key policy documentation that now provides the planning and policy framework at a strategic level for the proposed scheme.

3.1 Transport 21, Government of Ireland, 2005

The proposed scheme is included as a Transport 21 project.

As indicated in the EIS the Transport 21 strategy represented a departure in terms of detail, including the proposed scheme, from the DTO strategy “A Platform for Change” (DTO 2001) while still being consistent with the overall vision for an integrated public transport system as set out by the DTO.

3.2 National Development Plan (NDP) 2007-2013, Government Stationary Office, 2007

The plan endorses the Transport 21 programme, projects identified to include “enhancement and extension of the LUAS network” within the Greater Dublin Area (GDA).

3.3 Regional Planning Guidelines for the Greater Dublin Area (RPG-GDA) 2010-2022, Dublin Regional Authority/Mid-East Regional Authority, 2010

The guidelines include proposed transport projects for the GDA based on current Government policy as described in Transport 21. Projects listed include “Luas city centre linkup, link to Broombridge Station (BX)”, i.e. the subject proposed scheme.

Stated that projects listed are subject to the finalisation of a full assessment by the National Transport Authority (NTA) as part of the NTA Transport Strategy for the GDA then in preparation.

3.4 Greater Dublin Area Draft Transport Strategy 2011-2030, National Transport Authority (NTA), June 2011

The strategy includes the proposed scheme.

3.5 Dublin City Development Plan (DCDP) 2011-2017, Dublin City Council (DCC), December 2010

______PL29N.NA0004 An Bord Pleanála Page 48 of 274 The plan indicates that DCC consider the elements of Transport 21 that relate to the city to be critical infrastructure projects for the development of a sustainable city and that their early delivery is necessary to facilitate the full implementation of the core strategy of the plan. Policies S13 and S14 and Objective S103 refer.

3.6 Other Plans

It should be noted that the more detailed and/or area specific provisions of the DCDP and of other plans are referred to, where relevant, in the assessment at Section 6.0 below.

4.0 SUBMISSIONS/OBSERVATIONS

4.1 Public Bodies

4.1.1 Planning Authority – Dublin City Council

Includes: -

(i) Planning Context

• The proposed scheme supports the development strategy of the City Development Plan, the primary aim of which is to achieve a more compact and consolidated city.

• Consultations have taken place with RPA throughout the design process and the Planning Authority is fully supportive of this key piece of transport infrastructure.

• The proposed scheme is considered to be a key element in the continuing economic development of the city.

• The proposed scheme would support/be supported by the following plans/strategies: -

- Phibsborough/Mountjoy LAP - Grafton Street Area of Special Planning Control - Retail Core Strategy.

• In relation to the Parnell Square Framework Plan 2005 and the O’Connell Street LAP/ASPC/ACA the Planning Authority is concerned that any interventions in the O’Connell Street/Westmoreland Street area be in accordance with the Council plans and policies for this area.

• The new Dublin City Development Plan 2011-2017 will become effective from 22 December 2010. The current draft plan strongly supports the provision of all of the Transport 21 projects.

______PL29N.NA0004 An Bord Pleanála Page 49 of 274 • The proposed scheme will underpin the redevelopment of Grangegorman and is considered vital to the provision of this new city quarter.

• It is strongly recommended that the proposed scheme should proceed as it will deliver a wide range of economic, social and environmental benefits for the city. It will be a critical part of Dublin’s future economic infrastructure.

(ii) Planning Authority Views on Specific Issues

(a) Overhead Wirescape

• There are serious concerns about the provision of a power supply in the city centre based on an OCS.

• The OCS poles and wires, particularly in College Green, at the GPO and the Parnell Monument, create a detrimental visual intrusion on the buildings and their setting. The comparison with the early 20 th century wiring for Dublin’s trams, as illustrated in the submitted photographs of College Green, is not an argument of weight in the context of best practice approach to historic building heritage and conservation.

• It is considered that an alternative supply system, in line with most recent technology and best practice for historic areas, should be provided within the St. Stephen’s Green to Parnell Square area. DCC is aware that a range of wire free tram systems have been developed for use in architecturally sensitive city areas such as Nice and Bordeaux.

• In the event of a RO permitting an OCS system being forthcoming the applicant has discussed its methodology with DCC and reached agreement on the fixing locations deemed most appropriate and detailed in the application documents. However, this should not be interpreted as meaning that the Planning Authority considers the OCS itself acceptable.

(b) O’Connell Street

• The proposed alignment will detrimentally affect the integrity of the newly completed O’Connell Street Improvement Scheme by removing the central element of the design for the northern section of the street from the Spire to the Parnell Monument. This would be further compounded by the alignment of support poles for the OCS on the median resulting in a non- linear pole arrangement in this formal area.

• The track alignment should continue northward from the spire on the carriageway, until north of the Father Matthew statue and its surrounding tree clusters. The track can then move onto the median permitting a stop platform in a position slightly north of that proposed and providing for the correct turning radius onto Parnell Street. It should be noted that the

______PL29N.NA0004 An Bord Pleanála Page 50 of 274 existing traffic situation in O’Connell Street, including bus traffic, will not necessarily remain unchanged in the future.

• Conditions requested.

(d) Impact on Buildings and Areas of Conservation Importance

• It should be noted that the College Green – Westmoreland Street – O’Connell Bridge – Parnell Street section of the proposed scheme is a unique set piece processional space and any interventions should reflect this importance. Design issues, where practicable, should take precedence over traffic management considerations.

(e) Impact at stops and Immediate Environs and at other significant locations

St. Stephen’s Green Stop

• Open space between top of Grafton Street/South King Street and the Fusilier’s Arch/St. Stephen’s Green entrance to be retained as an ‘exclusion zone’. Structures or interventions other than agreed infrastructure to support catenaries shall not be located within this zone.

Dawson Street

• Strategy for environs of Mansion House to be developed in consultation with the Planning Authority.

• Clarification required as to whether or not trees proposed for removal are to be replaced.

College Green

• Landscape design framework required in conjunction with DCC.

• Need to address loss of pedestrian refuge space (traffic island) in terms of pedestrian safety.

College Street/Trinity Stop

• Rationale for proposed relocation of the Thomas Moore statue needs to be addressed.

• Underground toilet facility on traffic island is of architectural interest and should be preserved, if practicable.

______PL29N.NA0004 An Bord Pleanála Page 51 of 274 • Issue of removal and relocation of the Long Stone Monument needs to be addressed.

O’Connell Street

• Surface interventions to as far as possible incorporate the design features of the O’Connell Street scheme.

O’Connell Street Lower (GPO) Stop

• The proposal to take part of the median north of the Daniel O’Connell statue should be omitted.

• The location of poles and cables in the centre of O’Connell Bridge is unsightly and has a negative impact on the rows of fine cast iron lamp stands located at street level on the parapet. An alternative, more in keeping with the lighting poles on the bridge, should be developed.

O’Connell Street Upper Stop

• Clarification is required in relation to the proposed relocation of the Fr. Matthew Statue and the hatch and vent to the ESB substation.

• Views of the Parnell Monument, Ambassador Cinema and Rotunda Hospital will be severely impacted by the numerous cables required by the overhead system. The possibility of avoiding the proposed wirescape scenario, and the wraparound of the monument, should be examined.

Marlborough Street

• Clarification required re. proposed vehicular right turn lane to Cathedral Street.

Parnell Street Stop

• The fixing of cables at the Rotunda Hospital in relation to any of the 18 th century original hospital building, including its wings, is not appropriate.

Dominick Street Stop

• Consultation with the City Council’s Housing Regeneration Project Team required re. detail design and public realm issues.

Broadstone Stop

• The surface design of the retaining wall should identify with the design concept of the massive building (Broadstone Station) rather than introduce a curved, stepped and planted centrepiece for which there is no precedent at the station.

______PL29N.NA0004 An Bord Pleanála Page 52 of 274

Cabra Stop

• Clarification required re. proposed pedestrian access.

Possible future stop at Industrial Lands Barrow Road

• The feasibility of a future stop in the vicinity of the junction of the Royal Canal and Phoenix Park rail link should be investigated. This offers the potential to redevelop existing industrial lands between Barrow Road and the canal and to serve the surrounding residential areas, including a proposed redevelopment south of Fassaugh Road (Carnlough Road).

(iii) Planning Authority Conditions

• A schedule of 109 suggested conditions is set out in Appendix 1.

(iv) Development Contribution Scheme

• Dublin City Council’s Development Contribution Scheme 2010-2017, under Section 48, Planning and Development Act, 2000, as amended, is included in Appendix 3.

• It is stated that the scheme shall apply to the proposed development.

(v) Archaeology and Cultural Heritage

• The historic source maps referred to in the baseline description are not included for reference in the EIS rendering cross referencing and visual assessment/analysis of archaeological constraint features and locations difficult for the reader.

(vi) Traffic

• The timing of construction is not explicit in the lodged plans. Timing with other projects and with city traffic management will require flexibility.

• DCC, and the major business representative bodies, have conveyed their preference for having the proposed scheme delivered concurrently with the Metro North scheme, to reduce the overall duration of on-street works.

• Some of the temporary works will require full strength re-instatement very quickly – e.g. where HGV use is required.

• Scheme traffic management is a “live” issue that may require adjustment of the lodged proposals in the overall city traffic management regime.

• The identified need for an overarching traffic management plan for the city centre, being the responsibility of DCC, as Roads Authority, will require

______PL29N.NA0004 An Bord Pleanála Page 53 of 274 levels of service for the general public throughout the city for the duration of the works. The nature of the works are such that the environment necessary to finish construction of the scheme will require the overarching traffic management plan for the city centre to be implemented. The introduction of a scheme like this across the city centre will have to interact with Metro North and DART Underground, as well as enhancement of pedestrian facilities, access to shoppers’ car parks and service access, and the enhancement of the network through Dublin Bus’s Network Review etc. A co-ordinated approach to traffic management across all schemes will be required.

• A Traffic Forum with key objectives of addressing the management issues outlined above would provide a management facility for resolution of potential conflict through joint monitoring, early flagging of difficulty, a commitment to minimum cost solution, etc.

(vii) CPO Issue

The RPA propose the compulsory acquisition of various lands along the LUAS Line BXD route which are in the ownership of the Local Authority and which are under the control of the Local Authority for the purposes of exercising its statutory remit as road and sanitary authority. The RPA, as with any other statutory undertaker, merely requires a licence and/or wayleave from the Local Authority to carry out its undertaking in the public road and accordingly it would be entirely inappropriate to confirm any land acquisition which could either permanently or temporarily impact on the Local Authority’s ability to carry out its statutory functions.

4.1.2 Waterways Ireland

This refers to issues arising in relation to the Royal Canal. These include: -

• Has the stability of the canal bank been assessed? Concern where the new line cuts into the existing embankment.

• Will the new works encroach onto Waterways Ireland property?

• Given the pNHA designation all associated consultations and mitigations need to be implemented.

Submission also includes a number of suggested conditions.

4.1.3 Iarnrod Eireann

Includes: -

• Iarnrod Eireann have worked closely with the RPA to co-ordinate an integrated design approach for the three projects proposed for St. Stephen’s Green, namely; DART Underground, Metro North and LUAS BXD.

______PL29N.NA0004 An Bord Pleanála Page 54 of 274

• The RO applications for both DART Underground and LUAS BXD are based on the assumption of consecutive construction programmes in the area of St. Stephen’s Green and Dawson Street. The interface issues have been identified and resolved on the basis of the DART Underground construction programme preceding the LUAS BXD main works commencing on Dawson Street and St. Stephen’s Green North.

• All interface issues at Broombridge have been addressed.

• Support for the RO application.

4.1.4 National Roads Authority (NRA)

Includes: -

• Impacts on the national road network will be acceptable and the NRA fully supports the proposed scheme.

4.1.5 Department of Transport (DOT)

Includes: -

• Section 44(4), Railway Infrastructure Act, 2001 as amended by the Planning and Development (Strategic Infrastructure Act) 2006 requiring the Minister for Transport, as part of the RO process, to designate a railway as either a light railway or a metro was repealed by the enactment of the Public Transport Regulation Act, 2009.

4.1.6 Inland Fisheries Ireland (IFI)

Includes: -

• By reference to the River Liffey salmonid waters constraints apply in relation to any potential surface water discharges.

• Reference to “Requirements for the Protection of Fisheries Habitat during Construction and Development works at River Sites”.

• Further consultation with IFI required to ensure appropriate fisheries sustainable solutions for the final works programme.

4.1.7 Dublin Docklands Development Authority (DDDA)

Includes: -

• Welcome for proposed scheme.

______PL29N.NA0004 An Bord Pleanála Page 55 of 274 • A direct light rail service, without interchange, between St. Stephen’s Green and the IFSC/Point Village would facilitate a dedicated on-street public transport corridor across the River Liffey between the south-east city centre and the Docklands, the principal employment zones in the city centre. It would also enhance passenger choice and further integrate the LUAS network, notwithstanding the potential connectivity to be provided by DART Underground between Heuston Station and Docklands via St. Stephen’s Green.

4.1.8 Bus Eireann

Includes: -

• Support for proposed scheme.

• Bus Eireann is closely liaising with RPA to ensure continued access to the city centre. Bus routings and bus stops are essential features of an access plan for the area.

• The on-going planning and monitoring to be undertaken by a traffic forum similar to that which will be in place for Metro North construction is welcomed.

• The successful contractor will need to liaise with Bus Eireann and other public transport providers in devising its planned Traffic Management Plan for the construction phase.

• The importance of maintaining access to Broadstone Depot during all phases of construction.

• It is essential that the time critical link between Broadstone Bus Depot and Busaras is maintained during the construction phase.

4.1.9 Dublin Bus

Includes: -

• Support for the proposed scheme.

• Dublin Bus is actively engaging with RPA to minimise disruption during the construction and operational phases. The number and location of bus stops and minimising diversion of routes away from the core areas are essential to achieving this.

• Dublin Bus is actively engaged with DCC, NTA and others on the Traffic Forum to develop a rolling traffic management plan. This would also cater for the needs arising from Metro North, new bridges such as Marlborough Street and the expansion to 24 hour operation of the College Green Bus Gate.

______PL29N.NA0004 An Bord Pleanála Page 56 of 274

• The phasing of the BXD construction works sequentially after the completion of the MN project would reduce the potential level of disruption to bus services in the city centre. The presence of construction sites for both projects at the same time would present major challenges for Dublin Bus operations.

4.1.10 Department of Environment, Heritage and Local Government (DoEHLG) (Now: - Department of Environment, Community and Local Government (DoECLG)

Includes: -

Archaeology

• The Department has been involved in on-going consultations with the RPA and it concurs with the archaeological mitigation measures proposed in the EIS.

• Recommended conditions in the event of a grant of permission.

Architectural Heritage

• Direct significant impacts relate to visual impact rather than conflict with particular structures. Matter for ABP to adjudicate on.

Nature Conservation

• NPWS requires further information on mitigation for; lighting to be installed along the section of line adjacent to the Royal Canal, downstream of Broombridge, where otters and bat species occur; lighting in the Broadstone – Broombridge cutting where bat species occur.

4.1.11 Department of Communications, Energy and Natural Resources

No observations/comments.

4.2 General Submissions

4.2.1 Irish Georgian Society

Includes: -

• The proposed LUAS line runs through some of the city’s greatest architectural set pieces. The DoEHLG and DCC are currently exploring the potential nomination of Georgian Dublin to the tentative list of UNESCO World Heritage sites. Such an aspiration should be reflected in the design and ambition of a major public infrastructural project through the Georgian City.

______PL29N.NA0004 An Bord Pleanála Page 57 of 274

• In this context every effort should be made to install a similar system to that employed in Bordeaux, using a third rail as an alternative to the overhead cables system (OCS) within the historic core of the city in order to minimise visual and physical impact.

• Significant reservations about the new stops on sensitive historic streets given the associated visual clutter of ticket vending machines, railings, information signs, shelters, etc. The stop on the eastern side of Dawson Street, where it is proposed to fell a number of mature trees to facilitate the OCS, would detrimentally affect the character of a number of protected structures. On O’Connell Street, where it is also proposed to construct stops for Metro North, there is a concern that the street will be consumed by the associated street furniture.

• Urged that very clear design solutions for each stop be determined and approved at an early stage.

4.2.2 Dr. Warren Whitney (31 The Avenue, Boden Park, Rathfarnham, Dublin 16)

Includes: -

• Although the line, on at least its southern end, can probably be justified purely on the basis of providing a link between the Red and Green lines, the need for access to Grangegorman and for an interchange at Broombridge, and for provision for a later extension to Finglas, is ultimately crucial to the case for Line BXD.

• There are at least four different approaches to wire-free power supply that are at present in some kind of operation, if not necessarily normal service. These include the third rail option utilised in Bordeaux which has had the advantage of being first. Dublin would run the risk of being left with an obsolete system if it were to make a judgement now.

• Fitting an alternative form of power supply on Line BXD would require retro fitting a substantial fleet of existing trams. No other cities have done this or appear to be preparing to do this.

• Providing full operational run-through between the Red and Green lines, which would involve four radiations from the O’Connell Street/Abbey Street junction, would give rise to serious issues of reliability given the degree of inter-operation involved. Two separate lines crossing at the junction would be more comprehensible to passengers and be more in line with modern light rail systems (as opposed to older tramways).

______PL29N.NA0004 An Bord Pleanála Page 58 of 274

4.2.3 Donal O’Brolcháin (100 Griffith Avenue, Dublin 9)

Includes: -

• The project does not allow for complete integration of services of the two existing LUAS lines.

• The proposal slightly extends the catchment area for LUAS services but only to serve another property based Government development body at Grangegorman.

• How cost effective is it to build a new bridge across the Liffey for a new LUAS line that does not greatly increase the catchment area.

• The Samuel Beckett Bridge is designed to take LUAS vehicles.

• The DART interconnector tunnel project provides for a north-south split in DART services.

• A Docklands loop as an alternative to that proposed for O’Connell Street/ Parnell Street/Marlborough Street.

• The proposal is not part of an integrated public transport system.

• The line is limited in the scope it provides to meet the population and business growth in North Dublin even if Metro North is built.

• It fails to implement the assumptions for an on-street LUAS assumed in the EIS for the Dublin Port Tunnel.

• The project does not comply with “A Platform for Change”.

• The application should be rejected.

4.2.4 Dublin City Centre Business Association Limited (DCCBA)

Includes: -

• Support for the application subject to a number of provisions.

• Access to CBD to be maintained.

• All historic buildings to be safeguarded.

• Tourist tours of Dublin to continue through construction.

______PL29N.NA0004 An Bord Pleanála Page 59 of 274 • The public domain to be reinstated respecting the historic core as a valuable tourism asset (reference to defining Dublin’s Historic Core Report – enclosed).

• O’Connell Street to be restored to existing standard and from T21 budgets.

• There should be no overhead wires between Dawson Street and O’Connell Street (see report on Tramway System in Bordeaux attached). Example of Nice also referenced.

• Project needs to be completed by 2016, need certainty for investment reasons and for 2016 commemorations.

• See ‘Spatial Vision for Dublin’ and ‘Defining Dublin’s Historic Core’ enclosed.

• Project should proceed even if Metro North does not proceed within the next 18 months.

4.2.5 John Spain, (6 Hyde Park Gardens, Blackrock, Co. Dublin)

Includes: -

• Support for the application.

• Reasons advanced for not using the third rail power supply system, as employed in Bordeaux, Reins, Angers and Orleans, are not convincing given the very significant benefits.

• The applicants should be requested to further consider these options and be required, by condition or otherwise, to omit the OCS between St. Stephen’s Green and Parnell Square. Such a system would have an adverse impact on the architectural heritage of the city and may adversely affect Dublin’s application for UNESCO World Heritage status.

• A more detailed and comprehensive document setting out the proposed strategy for the public realm within the city centre is required. This area is in need of substantial upgrade. The type of paving to be used is not specified in the EIS. The strategy should specify the use of granite and other high quality materials over the entire width and length of the streets from St. Stephen’s Green to O’Connell Bridge.

4.2.6 Ruadhán Mac Eoin, Luke Gardiner Ltd, (19 Mountjoy Square, Dublin 1)

Includes: -

• Support for any proposal to link the Red and Green LUAS lines.

• Application should include SEA.

______PL29N.NA0004 An Bord Pleanála Page 60 of 274

• In the context of Central Government’s decision not to prioritise the project the application is premature and should be withdrawn.

• Support for the selected route to Broadstone and for ability to continue operation along Marlborough Street wherever public events take place on O’Connell Street.

• There is an alternative, and better, route alignment option for the section beyond Broadstone i.e. via the former canal bed that stretches north from Broadstone into Phibsborough at Cross Guns Bridge where it meets both the Maynooth line and the Heuston – Connolly/Docklands line.

• Cable free trams have now become the accepted European norm in city centres of notable architecture such as Barcelona, Bordeaux and Nice.

• Pedestrian pens/barriers should not be used where possible.

4.2.7 Peter Sweetman and Associates (184 Lower Rathmines Road, Dublin 6)

Includes: -

• The current application, together with ABP Ref. 29S. NA0005 (DART Underground) and ABP Ref. 06F.NA0003 (Metro North) are connected and there is a requirement in EU law that they should have been assessed together. An SEA would have been appropriate.

• It could not possibly be considered sustainable development to build two stations at St. Stephen’s Green.

4.2.8 Dublin Chamber of Commerce

Includes: -

• Additional comments likely on foot of Inspector’s Report and RO conditions for Metro North.

• Submission should be cross-referenced with those made in relation to Metro North (copy enclosed) and DART Underground.

• Without appropriate mitigation measures the proposed scheme could severely hinder the operation of business in the city centre.

• While Metro North and DART Underground are site specific this entire project will be constructed at surface level, on-street through the heart of the city.

• There is no clear exposition as to how the impact on business during construction is to be minimised.

______PL29N.NA0004 An Bord Pleanála Page 61 of 274

• There is no proposal as to the future of traffic routing for public and private vehicles in Dublin once LUAS Broombridge is operational.

• Support for Transport 21 programme for the Dublin City Region.

• A detailed cost/benefit analysis should be made available in advance of the O.H.

• The project should be built concurrently with Metro North and DART Underground and within a period of 5 years.

• Greater attention required for: -

- Construction period for the three rail projects in the city centre, - Traffic management, access to premises and re-routing of traffic both in short and long term, - Communicating the scale of the disruption to all users in a positive way and marketing the city as fully open for business.

• Detailed impact assessment of the cumulative impacts of delivering the three projects required prior to O.H.

• RPA should: -

- undertake integrated planning collectively with other public transport providers, - engage extensively with businesses in the area, - take full responsibility for the impact on Dublin City Centre of delivering his project.

• Strong disagreement with proposal in EIS to undertake the main body of the works following full road reinstatement after the construction of Metro North.

• A condition should attach to the RO to require the RPA to liaise with all occupants of buildings close to the works to ensure their concerns regarding noise, dust and vibrations are addressed and to identify suitable compromise on work hours.

• A condition should require 24/7 working where possible.

• Concern that Dublin may become a “donut-shaped city” that is deserted after commuters leave work.

• City Council and other transport agencies need to properly acknowledge and cater for the role that car based shoppers, diners, tourists, concert and theatre goers play in the economic life of the city.

______PL29N.NA0004 An Bord Pleanála Page 62 of 274 • Areas around construction sites must remain attractive and easy for pedestrians to use and private vehicle users to access.

• Traffic and pedestrian plans to be drawn up in partnership with the business community and to include flexibility for problems that might arise.

• An Garda Siochana and DCC must be responsible for traffic management at each site rather than the RPA or its contractors.

• Extreme disappointment that site specific traffic management contingency plans are not available.

• A 24/7 contact number must be available to businesses in the event of traffic problems in their vicinity.

• Support for the prioritisation of buses on the road network provided it improves traffic flows across the city and does not unduly disadvantage private vehicles for shopping/business etc.

• Conditions should attach to the RO to ensure the maximum flow of pedestrians in the vicinity of construction sites consistent with health and safety.

• Communications/marketing plan required to ensure success of all three projects, including information on economic benefits to the city.

• Business needs access to a programme of works for utilities prior to the commencement of enabling works.

4.2.9 Dublin Civic Trust

Includes: -

• Support for concept of light rail link.

• Reference ‘Defining Dublin’s Historic Core’ (copy enclosed).

Damaging Impact of the OCS system on architectural heritage, spatial hierarchy and urban design.

• Impact, in particular, on College Green, the premier ceremonial urban ensemble and architectural set piece in the state.

• Absence of photomontages for; College Green as approached from Dame Street; O’Connell Bridge as viewed from the quays; every street junction along the route; passing the GPO and Mansion House as viewed from the opposite side of their respective streets.

______PL29N.NA0004 An Bord Pleanála Page 63 of 274 • No reference to any architectural design strategy for College Green – Ref. DCC’s first Public Realm Strategy to be incorporated into the new City Development Plan.

• Photomontages/photographs do not capture the impact of wirescapes or poles. Their visual presence is greatly heightened by movement.

• An Bord Pleanála should enforce the adoption of the third rail system as employed in many French and other cities.

• The third rail system has been in operation for over 7 years and is proposed for a number of cities including Florence, Barcelona and Dubai. Maintenance of ground level switches can take place at night and large swathes of the route will experience nothing like the levels of traffic currently experienced. The costs of such a system must be relativized to the quality of the urban environment, tourist/visitor potential and quality of life. The need to retro fit every tram must be questioned as all existing trams would not have to use this line. Decisions need to be made now in relation to future lines. As evidenced by use in other cities the third rail system is safe, secure and proven.

Negative Impact of realignment of existing important areas to accommodate track

• Pulling back of pavement on north side of St. Stephen’s Green is entirely inappropriate and negatively impacts on the spatial layout of the square. There is adequate space on the existing road area.

• The case for two separate stops on O’Connell Street is not justified, in particular the ‘Dublin Central Stop’ on the median at the northern end of the street that is disruptive of the thoroughfare’s formal plan.

Cluttering and degrading impact of platforms and associated elements on the coherence of streets

• Impact can be gauged from platforms on the red line at Four Courts, Jervis and Middle Abbey Streets.

• Concern re-heavily engineered junctions such as Benburb Street, Abbey Street and Beresford Place.

Alternative Route

• From an urban design perspective the proposed line should avoid O’Connell Street in its entirety in favour of a two-way track on Marlborough Street.

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4.3 Area/Property Specific Submissions

4.3.1 St. Stephen’s Green

4.3.1.1 DEKS Ltd, Trading as Mac Nally Opticians on the Green of Hugenot House, 35-38 St. Stephen’s Green, Dublin 2

Agent – Eoghan P. Clear Solicitor.

Includes: -

• Reliance on the generality of matters contained in the submission of John Spain and Associates on behalf of the Kildare Street and University Club.

• Comments re. timeframe for submissions and absence of Inspector Report for Metro North.

• Concern re-duration of works, in combination with Metro North and DART Underground, and the impact on operation of business and interest in property.

• Any RO granted to safeguard quiet enjoyment of premises.

• In advance of granting any RO the applicants should be conditioned to conduct a full evaluation of the economic impact of the project, and cumulative works, on all affected businesses.

• The EIS for the DART Underground anticipates a compensation and property protection scheme – a similar scheme should be conditioned.

• Costs to be awarded.

4.3.1.2 Boston College (Ire) Ltd, 42/43 St. Stephen’s Green, Dublin 2

Agent – Eoghan P. Clear Solicitor.

As per 4.3.1 above.

4.3.1.3 Ciaran McGrath, 22 St. Stephen’s Green, Dublin 2

Agent – Eoghan P. Clear Solicitor.

As per 4.3.1.1 above.

4.3.1.4 Kildare Street and University Club, 17 St. Stephen’s Green, Dublin 2.

Agents: Eoghan P. Clear Solicitor and John Spain Associates.

______PL29N.NA0004 An Bord Pleanála Page 65 of 274 Includes: -

• As per 4.3.1.1 above.

Report of J. Spain and Associates includes: -

• Opposition to proposed scheme and Metro North and DART Underground.

• An Bord Pleanála determine that the application is premature pending agreement of the Traffic Management Scheme for St. Stephen’s Green with Dublin City Council. It is not possible to assess the impacts of the proposals in the absence of the agreed traffic management proposals.

• The applicant be required to specifically consider the cumulative impact of the LUAS BXD proposals, in conjunction with Metro North and Dart Underground on the Kildare Street and University Club, having regard in particular to the various construction programmes/timeframes that may occur.

• The applicant be required to provide detailed construction proposals for St. Stephen’s Green to exclude a construction compound at St. Stephen’s Green North and which indicate how the construction of the LUAS BXD works can be undertaken by the Metro North contractor.

• The applicant be required to present a report outlining the economic impact of the proposed development on the Kildare Street & University Club. It is submitted that the report should address the cumulative impact of the project in conjunction with other infrastructural projects and should provide details of appropriate mitigation and/or compensation measures.

• The applicant be required to define the extent and duration of utilities diversion works across the route, to assess the impacts on properties and businesses, and to demonstrate how continuity of services and access to all buildings will be maintained during the enabling works.

• An Bord Pleanála to not approve the turn back facility at St. Stephen’s Green North. The purpose of LUAS line BXD is to connect the Red and Green line LUAS systems and to extend the LUAS service to Broombridge. The existing systems have adequate turn back facilities and in fact a crossover is proposed close to this siding location on the green. Therefore, there would not appear to be any overriding need for this facility and its associated overhead wire and support posts.

• The existing loading/unloading bay and car parking spaces on the north side of St. Stephen’s Green North be retained during enabling works, construction works and the operational phase of the project.

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4.3.1.5 Bank of Scotland (Ireland), 124-127 St. Stephen’s Green West, Dublin 2

Agent – J. Spain Associates.

Includes: -

• Reference to timeframe restrictions for submissions.

• Any RO granted should include a condition requiring the construction works at St. Stephen’s Green to be undertaken by the Metro North contractor.

• Any construction activity in the vicinity of St. Stephen’s Green should be subject to the same limitations and obligations as were agreed between the Bank of Scotland (Ireland) and the RPA, by way of legal agreement, during the course of the Metro North Railway Order process (copy enclosed).

• An Bord Pleanála should attach the following condition, or an appropriate variation of the following condition, to any RO granted by LUAS BXD:

“Any construction activities that take place at St. Stephen's Green shall be undertaken in accordance with (a) agreements reached between the RPA and surrounding stakeholders regarding the construction and operation of Metro North, (b) the terms of the Environmental Impact Statement relating to Metro North and (c) the decision of An Bord Pleanála relating to Metro North”.

• The applicant be required to specifically consider the cumulative impact of the LUAS BXD proposals, in conjunction with Metro North and Dart Underground on the Bank of Scotland (Ireland), having regard in particular to the various construction programmes/timeframes that may occur.

• The applicant be required to present a report outlining the economic impact of the proposed development on the Bank of Scotland (Ireland). It is submitted that the report should address the cumulative impact of the project in conjunction with other infrastructural projects and should provide details of appropriate mitigation and/or compensatory measures.

4.3.1.6 Ampleforth Limited owners of the Fitzwilliam Hotel

Agent – J. Spain Associates.

Similar to 4.3.1.5 above.

Note legal agreement between the Fitzwilliam Hotel and RPA in the context of Metro North (copy enclosed).

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4.3.1.7 Treasury Holdings and Castlemarket Holdings

Agent – J. Spain Associates

Properties - see Appendix 1 to submission. These include properties in following general locations: -

• College Green and College Street • Crampton Square • Dawson Street • Fleet Street • Henry Street • Moore Lane • Moore Street • St. Stephen's Green • Townsend Street • Westmoreland Street

Submission generally in support of proposed scheme. Purpose to ensure properties not unduly impacted.

Includes: -

• Reference to timeframe restrictions for submissions.

General Issues

Enabling Works

• Detailed examinations should be undertaken with regard to the requirement to make alterations to basement areas and this information should be made available for review and comment, prior to a decision being made on the proposed Railway Order.

• The applicant should be required to define the extent and duration of utilities diversion works across the route and to demonstrate how continuity of services will be maintained during these works and how access to all buildings will be maintained.

Traffic Management Scheme

• An Bord Pleanála should request the submission of a final agreed Traffic Management Scheme prior to the commencement of the Oral Hearing. It is essential that our clients are afforded the opportunity to make submissions on this Traffic Management Scheme in the context of the LUAS BXD proposals.

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Noise and Construction

• An Bord Pleanála should restrict working hours in the vicinity of hotels and other residential accommodation (e.g. the Westin Hotel on Westmoreland Street). Working hours in the immediate vicinity of these sensitive receptors should be 9am-6pm, Monday-Friday and 10am-4pm, Saturday.

• The applicant should be required to submit proposals for ensuring that noise levels in the vicinity of sensitive receptors, such as the Westin Hotel, will not adversely impact upon the viability of the business.

Public Realm and Building Fixings

• The applicant should be required to submit a public realm strategy for the proposed development which demonstrates how the development will contribute to the improvement of the city centre streets to which it relates. This public realm strategy should concentrate primarily on the principal city centre streets such as St. Stephen's Green North, Dawson Street, College Green, Westmoreland Street, O’Connell Street, Parnell Street and Marlborough Street.

• It is considered that the use of poles and building fixings to support the overhead conductor system is unacceptable in a historic city centre location as this would have a significant detrimental visual impact. It is considered that the proposals should be revised to exclude an OCS and the requirements for electricity supply should be provided below ground.

Site Specific Issues

St. Stephen's Green

• An Bord Pleanála should require the retention of the existing parking/loading bay on the north side of St. Stephen's Green North during the enabling works, construction and operational phase on the project. The loss of this facility during construction would preclude deliveries to the rear of 22 St. Stephen's Green.

Dawson Street

• A construction management plan should be submitted prior to the commencement of the enabling works which demonstrates that access for pedestrians and service vehicles will be maintained at all times to No. 32A Dawson Street and that a servicing/loading area on the west side of Dawson Street between St. Stephen's Green North and Joshua Lane is provided, during the enabling works, construction works and operational phase of LUAS BXD.

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College Green/College Street

• An Bord Pleanála should require, prior to the commencement of the enabling works, a construction management plan which demonstrates that access for pedestrians, vehicles and servicing will be available at all times on College Street.

Westmoreland Street

• With regard to the Westin Hotel, the applicant should be required to:

(a) provide a set-down/pick-up area to the front of the Westin Hotel or at the junction of College Street and Westmoreland Street; or

(b) in the case where it is not possible to provide a set-down/pick-up area for the Westin Hotel with the current alignment, it is submitted that the proposed alignment should be moved to the west side of Westmoreland Street and the existing set-down/pick-up area in front of the hotel be retained.

• The applicant should be requested to demonstrate that the Westmoreland Stop can be successfully integrated into the existing street without causing pedestrian congestion or a reduction in accessibility to adjacent buildings.

• The applicant to submit revised proposals which provide for the provision of a loading bay on Westmoreland Street south of Fleet Street.

Moore Lane/Parnell Street

• It is respectfully submitted that the applicant should be required to demonstrate in the context of planned development at the Dublin Central and 17-19 Moore Lane sites that the provision of only one westbound lane along Parnell Street during construction is adequate provision to accommodate access to Parnell Street and Moore Lane.

4.3.1.8 The Stephen's Green Hibernian Club, 9 St. Stephen's Green

Agents: Submission made by Mr. Ray Mooney, General Manager, with the assistance of EPS Consulting and Waterman Moylan.

Includes: -

The key issues for the Stephen's Green Hibernian Club (the Club) are as follows:

• A detailed impact assessment of the cumulative impacts of the Metro North, DART Underground and LUAS BXD Line work on the Club should be completed by the RPA, in close consultation with the Club’s officers, and

______PL29N.NA0004 An Bord Pleanála Page 70 of 274 published prior to the opening of the public hearing on the draft Railway Application Order (RAO).

• In the absence of any evidence from the RPA to the contrary, and based on our experience of running the Club as a non-profit-making entity owned by its members, the Club will become unviable shortly after the main construction works commence and as a consequence the Club will be forced to close with a loss of 40 jobs. International evidence shows that a short – never mind an intensive and intrusive construction programme of up to nine years – in a prime city centre location will force businesses to close.

• The inadequacy of the EIS. For example – having regard to the cumulative impacts of the works – the EIS does not address in sufficient detail the very need for the LUAS BXD project, or indeed Metro North, if the Dart Underground provides (as it claims) adequate city centre connectivity.

• The absence of a SEA of the cumulative impacts of the three projects in relation to the area around the St. Stephen's Green Station, where some 34,000 passengers per hour at peak times will arrive onto a small geographical footprint. The EIS does not deal adequately with the risk of fire and general health and safety under and overground.

• The absence of any provision for compensation (including business rates relief) for the inevitable drop in revenue that will result once the main works commence.

• The fact that this submission had to be prepared without sight of the findings of the planning inspector in relation to the Metro North RAO, and, in particular, the conditions attaching to those works and their potential application to the proposed LUAS works. We therefore reserve the right to make a separate submission on the LUAS BXD RAO once we have had time to review the inspector’s report.

• The lack of clarity in relation to the positioning and indeed the very availability of a permanent loading bay and drop off point for the Club’s suppliers, members and guests adjacent to the Club’s building during and after construction works.

Submission also includes: -

• The RPA and the contractor should be required to enter into an agreement with the Club (along similar lines to the agreement proposed in relation to Metro North) to ensure certain terms and conditions are met. Reference to structural integrity of building and its La Franchini Plasterworks.

• The detail impact assessment should follow the precedent of the RPA’s report on the Fitzwilliam Hotel (prepared for Metro North application).

______PL29N.NA0004 An Bord Pleanála Page 71 of 274 • The works directly affecting the Club will continue for 33 months and will be included within the Metro North scheme of works. This implies that work at the top of and along Dawson Street will not begin until the main Metro North works have been completed, i.e. 2018. The construction period for these works should be reduced to no more than 18 months.

• There is no clarity re the positioning or availability of a permanent loading bay and drop-off point for the Clubs customers during and after construction works. The loading bay at the top of Dawson Street will not be built for at least 9 years. The Fitzwilliam Hotel has a guarantee of 3 set-down spaces at its front door and the same facility should be extended to the Club.

• The Club will become isolated as the taxi rank at the entrance will be removed permanently and the proposed new rank at Cuffe Street is too far away.

• The drop-off point at the junction of Dawson Street and St. Stephen's Green, which appeared to be a viable proposition when Metro North drawings were presented, has also been removed.

• It is critical that the assurance that access to all car parks will be maintained during construction includes the RIAC car park (on Dawson Street).

• Conditions need to be attached to the RO ensuring adequate access during construction and after completion.

• The socio-economic section of the EIS is flawed as; none of the businesses affected were consulted; the issue of commercial viability of businesses in the immediate vicinity is not considered; there is no reference to hospitality venues.

• The detailed cost/benefit analysis has not been published – this should be made available for consultation prior to the hearing being concluded.

• There is recognition in the EIS that the construction phase will have a negative effect of moderate significance on businesses. If the Club’s revenue falls by 10% it will go out of business with a loss of 40 jobs.

• In relation to socio-economic cumulative impacts nothing is said about disruption to businesses or about the negative impact on architectural heritage.

• A more detailed/robust socio-economic study is required, including an assessment of the impact of construction works on the commercial viability of every business along St. Stephen's Green.

• It is not possible to make a reasoned submission on the impact of the alternatives to the LUAS BXD alignment in the absence of the detailed assessment carried out in respect of each alternative under the Government’s Guidelines for the Appraisal and Management of Capital Expenditure Proposals in the Public Sector.

______PL29N.NA0004 An Bord Pleanála Page 72 of 274

• Given it is envisaged that construction works on Dawson Street will be suspended once the main Metro North works get underway and recommence on their completion, this implies significant disruption for at least 9 years. This is environmentally unsustainable and implies a high economic cost yet to be quantified.

• A submission on the impact of alternatives considered is not possible.

• The EIS does not indicate the precise location of the construction compound proposed close to the Club, its size, associated traffic management plan or if it will operate if Metro North and Dart Underground works are operational at the same time.

• The submission includes an Engineering Impact Assessment, at Appendix 4. The assessment is primarily in relation to the Dart Underground but cumulative and other impacts associated with the LUAS, Dart and Metro works are also referred to. Issues are raised and conditions are recommended in relation to dust, noise, building repairs, survey and monitoring and vibration. The La Franchini Plasterworks are particularly noted.

• A condition should attach to the RO that all costs incurred by the Club associated with the project be borne by the RPA.

The submission also includes the following documentation: -

(i) Submission to An Bord Pleanála re Metro North – Appendix 1. (ii) Submission to An Bord Pleanála re Dart Underground – Appendix 2.

(iii) Survey of owner/occupiers along St. Stephen's Green North – Appendix 3.

4.3.1.9 William Murray and Rory Fitzpatrick, 11 St. Stephen’s Green North

Includes: -

• A detailed assessment of the cumulative impacts of the three public transport works on the property owners and businesses should be completed by the RPA, in consultation with those affected, and concluded prior to the opening of the public hearing on the draft RO.

• Having reviewed the cumulative impacts of the Metro North, DART Underground and LUAS BXD Line planning applications, we believe that businesses occupying the building may become unviable as commercial entities once the main construction works commence and as a consequence, in the absence of compensation, may be forced to cease trading.

• The inadequacy of the EIS, which does not address the viability of businesses impacted significantly by the proposed works.

______PL29N.NA0004 An Bord Pleanála Page 73 of 274 • The absence of an SEA of the cumulative impacts of the Metro North, LUAS BXD and DART Underground works of the area around the St. Stephen’s Green Station where some 34,000 passengers an hour will arrive into a small geographical area.

• The absence of any provision for compensation to owners and businesses for the inevitable drop in revenue that will result once the main works commence.

• The prospect of the area in the immediate vicinity being a construction site for up to nine years and the consequent impact on the buildings and businesses.

• The fact that the submission had to be prepared without sight of the findings of the planning inspector in relation to the Metro North RAO, and in particular the conditions attaching to those works and their application to the proposed LUAS works.

• The lack of clarity in relation to the positioning and indeed the very availability of access to the affected properties and businesses.

4.3.1.10 Europlan Insurances (Dublin) Ltd. (Gerry Dempsey and Others), 11 St. Stephen’s Green (Ground Floor)

Similar to above Section 4.3.1.9.

4.3.1.11 Thomas Barry and Co, Solicitors, 11 St. Stephen’s Green

Includes: -

Access

• Being located at the centre of a construction site for 9 years will deter clients from the premises.

• During construction the absence of a drop off/pick up point outside the premises; greater difficulty for parking; the re-routing of bus services; the permanent removal of the taxi rank near the office; the lack of clarity in relation to the positioning/availability of a permanent loading bay, will adversely affect the firms business.

• The drawings suggest the drop-off point at the junction of Dawson Street and St. Stephen’s Green, which appeared viable in the Metro North drawings, has been removed.

Noise, Disruption, etc.

• No assessment of cumulative impacts arising from all three projects.

______PL29N.NA0004 An Bord Pleanála Page 74 of 274 • Insufficient to explain that the accessibility of certain businesses may be reduced during construction without naming the building and setting out mitigation measures.

Parking

• No account has been taken of how to allow the firm continue to exercise its established right to parking directly outside its premises either during construction or afterwards.

Risk to Building

• Unlike other protected structures No. 11 is not being carried forward for a Phase 3 assessment – such an assessment is required. Protective measures should be agreed before works commence and at the RPA’s cost.

Adverse Impact on Sub-lettings

• Such will be very difficult or impossible once the scale of works becomes clear.

• A mechanism to compensate for the loss requires to be agreed/implemented.

Alternatives

• Clear evidence justifying expenditure on the project must be published. • The option of not building the LUAS BXD should be published. Arguable that Metro North/DART Underground would provide the connectivity needed for the city centre.

• Having regard to cumulative impacts a different alignment may be more appropriate, e.g. Option B – Baggot Street/Merrion Square/Pearse Street/Marlborough Street Bridge.

Cumulative Impact

• Cumulative impact of Metro North/DART Underground/LUAS BXD has not been adequately assessed.

• Detail assessment of impact on the firm should be completed prior to the oral hearing (Ref. RPA’s report on Fitzwilliam Hotel).

SEA/EIA

• SEA should be prepared detailing the cumulative impact of all three major projects in the St. Stephen’s Green area. It should be completed before the conclusion of the oral hearing.

______PL29N.NA0004 An Bord Pleanála Page 75 of 274 • Serious questions arise as to the capacity of St. Stephen’s Green North to safely accommodate the peak hour (8.00-9.00a.m.) 34,000 passengers that will alight when all three projects are operational.

Socio-Economic Assessment

• This section of the EIS is flawed in not considering the commercial viability of businesses in the immediate vicinity of the works.

• Statement of slightly negative impact on business is massive understatement.

• It is not agreed that all long term socio-economic impacts are positive.

• The detailed CBA should be published before the oral hearing is concluded.

• A more detailed/robust socio-economic study is required, not least because construction is envisaged for a period up to 9 years.

Construction Compound

• Details of the precise location of the construction compound for St. Stephen’s Green North, its size or operations are not indicated in the EIS.

Construction Period

• Clarification required. EIS refers to 33 months and 9 years.

Metro North Inspector Findings

• Submission made in absence of.

Costs etc.

• All costs to be carried by RPA.

• RPA’s indication that compensation is not payable is entirely unsatisfactory.

4.3.1.12 Salix Trust Ltd. (Bank of Ireland Staff Pension Fund) re 6/7 St. Stephen’s Green

Agent: RPS Planning and Environment/Jones Lang LaSalle.

Includes: -

• Welcome for overall objective of providing the LUAS BXD line.

Socio-Economic Impacts

• Serious concern re-access to street and property during construction.

______PL29N.NA0004 An Bord Pleanála Page 76 of 274

• Cumulative disruption including bus access, large compounds, heavy construction traffic, noise, dust and the physical restriction on pedestrians will have a negative impact on trade and rental investment values.

• Critical that access to premises is retained in full during construction.

• Reassurance required re Vehicular Traffic Management Plan for works period.

Human Beings – Noise and Vibration

• Concerns re. noise and vibration impacts on tenant’s customers and staff during construction and operation.

• All works must have due regard to the recommendations of the Safety, Health and Welfare at Work (General Application) Regulations. 2007, Control of Noise at Work.

• EIS provides insufficient detail in relation to potential vibration impacts.

• Works to take account of above Regulations. Control of Vibration at Work.

• Any remedial actions necessary should be provided by the RPA.

• RPA to confirm that all mitigation measures detailed in the EIS and elsewhere are to be implemented.

Construction Management Strategy

• Important that access to all car parks is maintained during the construction phase.

• The proposed removal of 28 no. parking spaces on St. Stephen’s Green North would impact negatively on the subject premises.

• The proposed bus diversions from St. Stephen’s Green North during construction would negatively impact on the subject premises patrons using the QBC network.

• The removal of the 24 space taxi rank on St. Stephen’s Green North and relocation of just 13 spaces to St. Stephen’s Green West would further erode accessibility.

• The possibility of elements of the works being included in the Metro North contract for St. Stephen’s Green North may be difficult to achieve. The DART Underground should also be considered in this regard.

• Cumulative impacts from all three projects is an important consideration.

______PL29N.NA0004 An Bord Pleanála Page 77 of 274

Conclusion

• All mitigation measures re. noise and vibration to be agreed with the RPA prior to commencement of works.

• Full details of the cumulative construction works and proposed hoarding to be erected in front of the subject premises, a Protected Structure, to be agreed prior to commencement.

4.3.1.13 Peploes Restaurant, Basement 16 St. Stephen’s Green North

Agent: Cunnane Stratton Reynolds.

Includes: -

• Generally supportive of proposed scheme.

Cumulative Impact

• EIS assessment not adequate.

• Photomontages illustrating cumulative construction impacts should be provided.

• There will be three construction compounds on St. Stephen’s Green North:

(a) DART Underground between Kildare Street and Dawson Street. (b) Metro North on north-west corner. (c) LUAS line.

• Cumulative impact will result in visitors/tourists avoiding the area.

• Unacceptable construction impact on St. Stephen’s Green, a National Monument.

Construction Period Concerns

• Four year construction period is conservative.

• Construction compound to be directly opposite the subject premises. Details provided are inadequate to assess impact.

• Monitoring of traffic movements required for the one westbound traffic lane proposed to remain between Kildare Street and Dawson Street both during and after construction.

______PL29N.NA0004 An Bord Pleanála Page 78 of 274 • Clarification required as to what is meant by “shunting area” proposed for St. Stephen’s Green North.

• The loss of 25 car parking spaces at St. Stephen’s Green North is unacceptable in the interim period before the new LUAS line is operational. Interim parking measures are required.

• Formal notification required that the loading bay directly outside the subject premises is to be retained.

• TIA fails to take account of the 198 truck movements that will be associated with the construction of the DART Underground.

• A Traffic Management Co-Ordinator needs to oversee construction of the scheme.

• The storage of any excavated material is not appropriate within the city centre or close to St. Stephen’s Green. Such storage should be precluded by condition.

• Noise assessments for the subject premises required for construction period. Should form part of Environmental Management Plan.

• The EIS, Architectural Heritage, makes no reference to the basement level of the subject building and which is directly accessible from the street.

• Saturday working hours be reduced to 12.00 noon. Could commence earlier at 6.00 a.m. Construction work should be prohibited on Sundays and Bank Holidays. Any deviation to be notified to businesses one week in advance.

• Need for key points of contact for businesses should issues arise during construction.

• Environmental Management Plan to be subject to consultation with all businesses potentially affected.

• Disruption to services to be subject to two weeks’ notice and alternative arrangements put in place.

• Appropriate compensation required to cover potential loss of business.

6.3.1.14 James Adam and Sons Ltd, 26 St. Stephen’s Green and 13 Kildare Street

Agent: Reid Associates.

Includes: -

• Concern re. construction period impacts on fine art auction room business.

______PL29N.NA0004 An Bord Pleanála Page 79 of 274 • Socio-economic assessment flawed in not taking account of impact on turnover/viability of business.

• Location of construction compound on St. Stephen’s Green inappropriate.

• Liaison and agreement required re construction methodologies and traffic management.

• Lack of detail/certainty in respect of construction phasing and methodology – to be determined by the contractor on site is not satisfactory.

• The importance of environmental conditions to support the subject business and other businesses along St. Stephen’s Green North. Need for co-ordinated management plan to be agreed with businesses in the area.

• Duration of construction period in conjunction with Metro North and DART Underground – lack of clarity. Potential for demobilization of this part of the city.

• Lack of clarity as to how access to the subject premises is to be maintained. Immediate access to street is very important given the nature of the business. The provision of a lay-by outside the premises is warranted given the proposed reduction to a single lane westbound for St. Stephen’s Green North.

4.3.1.15 Irish Life Investment Manager’s (on behalf of owners of St. Stephen’s Green Shopping Centre), Royal College of Surgeons in Ireland, 123 St. Stephen’s Green , and tenants of St. Stephen’s Green Shopping Centre.

Agent: Jones Lang La Salle.

Includes: -

• General support for the development.

Car Park Access

• Particular concern re temporary and permanent access to RCSI/St. Stephen’s Green Shopping Centre car parks via St. Stephen’s Green North/Glovers Alley.

• The proposed blocking of the section of St. Stephen’s Green between Dawson Street and Grafton Street to vehicles, as proposed for both LUAS BXD and Metro North, closes the principal access to these car parks.

• Despite extensive consultation with RPA and DCC there is no resolution to the issue of proper access/egress to/from these car parks.

• As owners of Glovers Alley the subject parties need to be officially informed of any proposed changes to the street to enable consent to be given.

______PL29N.NA0004 An Bord Pleanála Page 80 of 274

• The closure of Glovers Alley also raises the issue of how on-going deliveries are to take place.

• Agreed that a right turn onto Merrion Row from St. Stephen’s Green East, as proposed, would facilitate enhanced egress from the car parks but there is no confirmation from DCC that this initiative is definitely going ahead.

• The way-finding signage system to be provided for Metro North should also be made mandatory in any RO granted for the LUAS BXD.

• Recommended that: -

- a light/signal optimisation plan be incorporated into the traffic management plan

- further information be provided regarding traffic management, including delivery access/access to car parks

- on-going engagement take place re access/egress to/from the car parks, including a mechanism for grievances and sanctions.

• Vital that subject party reaches agreement with RPA and DCC regarding these matters.

Disruption of Trade

• Concerns during construction period. Combined impacts from LUAS BXD and Metro North.

Legally binding assurances required that RPA will take all possible measures to minimise disruption, to include a mechanism for grievances and sanctions.

Future Land Use Rights

• RPA’s agreement, in the context of Metro North, to confine any submissions on future planning applications on the subject premises to issues relevant to the safe operation of Metro North to be repeated in the context of LUAS BXD.

• Any RO granted should require RPA to specify any restrictions of a temporary or permanent nature in relation to the St. Stephen’s Green Shopping Centre, e.g. access, window cleaning etc.

Disruption due to Construction Works and Operation

• Concern re. noise, dust, vibration and other effects during construction.

• Require legally binding assurances that all possible measures to mitigate impacts will be taken. Compensation will be required for any loss, damage or

______PL29N.NA0004 An Bord Pleanála Page 81 of 274 expense resulting. The same agreement, where relevant, as reached in relation to Metro North, is required.

Structural Issues

• Concern re supports for electrified cable on façade of St. Stephen’s Green Shopping Centre and re potential access issues due to relocation of underground utilities.

• Same agreement was reached in relation to Metro North required.

Grafton Street/Dawson Street/Nassau Street/TCD

4.3.2.1 Irish Airlines Pensions Ltd, and AGS Republic of Ireland Pension Nominees Ltd. Re.10/11 Molesworth Street and James Lang Lasalle, re. 10/11 Molesworth (two submissions)

Agents/Principals: Jones Lang Lasalle

Submissions similar.

Include: -

• General support for scheme.

Traffic Concerns

• Concern re increased traffic flow in vicinity of subject premises due to proposed egress route for delivery trucks from Grafton Street onto Molesworth Street and from northbound traffic via the proposed northbound lane on Kildare Street using Molesworth Street to access car parks in the area.

• Imposition of loading bay onto the southern side of Molesworth Street.

• Restriction of traffic to one-way eastbound on Molesworth Street between Dawson Street and South Frederick Street will increase pressure on remainder of Molesworth Street.

• Vital that DCC implements the right turn from St. Stephen’s Green east to Merrion Row.

• Following measures recommended: -

- if Dawson Street is closed to traffic then Frederick Street will become the rat run road to Nassau Street and there is no provision for relocating traffic lights from Dawson Street as at present. As a result it is vital that a traffic management and signage plan is established which will allow for continuing vehicular and pedestrian access and egress;

______PL29N.NA0004 An Bord Pleanála Page 82 of 274 - in order to eliminate the above, Kildare Street should be two way to Nassau Street with right turn as at present from Dawson Street;

- the incorporation of a light/signal optimisation plan within the Traffic Management Plan which is prepared and discussed with all parties concerned;

- the provision of further information regarding the traffic management plan for this area including delivery access to 10/11 Molesworth Street and access to the basement car parks;

- the on-going engagement of the RPA and DCC in meaningful dialogue regarding access to and egress from the car parks of 10/11 Molesworth Street with appropriate mechanism for the process of grievances and sanctions for breaches by the RPA;

- that buses not be allowed to travel along Molesworth Street or South Frederick Street;

- that all existing car parking spaces on South Frederick Street be removed and that two new lanes (one way) travelling northbound on South Frederick Street are established whereby the right lane is for access to Setanta Place only;

- it is vital that the right turn from Nassau Street travelling southbound onto Kildare Street and the right turn from Setanta Place onto Kildare Street is maintained;

- the overall master plan for traffic in and around the St. Stephen’s Green area must be agreed and implemented before any works commence.

Disruption of Trade

• Concerns re. construction and operation impacts on business.

• Legally binding assurances required that RPA will take all possible measures to minimise disruption, to include a mechanism for grievances and sanctions.

Future Land Use Rights

• Vital that there be no hindrance to future development of the subject property.

Cleaning Costs

• Potential for high traffic volumes to result in increased cleaning and maintenance costs.

______PL29N.NA0004 An Bord Pleanála Page 83 of 274 • Legally binding assurances required that RPA will take all possible measures to minimise impact. Compensation required for any loss, damage or expense resulting.

4.3.2.2 Aviva Life and Pensions Ltd.

Schedule of Properties (extending Dawson Street to Nassau Street to Grafton Street)

60-63 Dawson Street Corner 64-65 Dawson Street/33-39 Nassau Street 40-43 Nassau Street 44 Nassau Street 45-47 Nassau Street Car Park to rear above. 48, 49, 50 Nassau Street/2 Grafton Street.

Agents: Jones Lang La Salle.

Includes: -

• General support for the scheme.

Car Park Access/Egress

• The extinguishment of the right turn from Dawson Street onto Nassau Street will effectively eliminate the exit from the car park onto Dawson Street as travel either northbound or southbound on Dawson Street will not be possible.

• Those cars exiting the car park via Duke Lane onto Duke Street will have to cross two LUAS lines to get to Molesworth Street with concerns re danger and congestion.

Disruption of Trade

• Concerns re construction impacts on business activities – reduced footpath widths, shopfront views restricted by hoarding and impacts on outdoor seating areas.

• Legally binding assurances required that RPA will take all possible measures to minimise disruption, to include a mechanism for grievances and sanctions.

Future Land the Rights

• References to basements (under footpath/public road) which may, in whole re in part, be acquired or affected.

______PL29N.NA0004 An Bord Pleanála Page 84 of 274 • Further information is required on the proposed extent of land take and on proposed restrictions on future development.

• Compensation will be required.

Disruption due to Construction Works

• Assurances/detail required re. construction impacts of noise, dust, vibration, including responsibilities.

• Clarification required re. compensation/reimbursement for increased cleaning and maintenance costs during construction.

• More information required on responsibilities to minimise risk/dangers arising from machinery/construction vehicles.

• Assurances required that no disruption to power supply, water or telecom equipment will arise and/or written undertaking re responsibilities for costs from any disruptions.

• Further information required re responsibilities for enforcing good site management practices. A 24 hour named contact number required.

Structural Issues

• Before/after building condition surveys required.

• Notification has been given of four separate structures to which brackets, cables, wires or other fixtures may be attached. The main concern relates to possible restrictions on future redevelopment potential of these buildings. Also in relation to structural impacts.

• Concerns re vibration during construction and operation. Vibration monitoring required during construction, to be assessed relative to agreed limits.

Individual Properties

59 Dawson Street

• Concern re proposed façade fixing.

60-63 Dawson Street

• Concern re proposed façade fixing and works that might affect the basement car park.

______PL29N.NA0004 An Bord Pleanála Page 85 of 274

64-65 Dawson Street/33-39 Nassau Street

• Concern re existing cladding, noting protective steel grille canopy, which may be impacted by vibration and may not be robust enough to safely restrain the proposed façade fixings. Care also required re basement car park.

40-43 Nassau Street

• Concern re proposed façade fixing and works that might affect the basement car park.

44 Nassau Street

• Concern that this Georgian building may be susceptible to damage from vibration and that construction excavation might damage the basement.

45-46 Nassau Street

• Similar concerns to No. 44.

48-49 Nassau Street

• Similar concerns to No. 44

50 Nassau Street

• Similar concerns to No. 50

2 Grafton Street

• Concern re proposed façade fixing to this late Victorian-style building that may be a Protected Structure.

• Also similar concerns to No. 44 Nassau Street.

4.3.2.3 Setanta Centre

Properties also include: -

17/18 Nassau Street 45 Kildare Street Earl of Kildare Hotel, Kildare Street

Agents: Jones Lang La Salle

Includes: -

______PL29N.NA0004 An Bord Pleanála Page 86 of 274

• General support for the scheme.

Traffic Concerns

• Proposed traffic changes in Dawson Street will force delivery trucks servicing the Grafton Street area to existing via Duke, Dawson and Molesworth Streets and continuing northbound along South Frederick Street or southbound on Kildare Street. There is concern re this increased heavy traffic flow in the vicinity of the Setanta centre. There will also be a general increase in northbound traffic on Molesworth Street and South Frederick Street resulting from the proposed northbound lane on Kildare Street from St. Stephen’s Green to Molesworth Street.

• The proposed loading bay on Molesworth Street, in tandem with the closure of Kildare Street, will also add to traffic in the vicinity of the Setanta Centre.

• Restriction of traffic to one-way eastbound on Molesworth Street between Dawson Street and South Frederick Street will add further pressure.

• Vital that DCC implements proposed right turn from St. Stephen’s Green East to Merrion Row.

• Vital that bus re-routings are not via Molesworth Street.

• Concern that appropriate pedestrian/vehicular access to Setanta car parks is maintained through construction and during operation. Increased traffic congestion in the Molesworth Street area could deter customers.

• Measures recommended – see submission re 10/11 Molesworth Street, Section 4.3.2.1 above.

Disruption of Trade

• Concerns re construction and operation impacts on business. • Legally binding assurances required that RPA will take all possible measures to minimise disruption, to include a mechanism for grievances and sanctions.

Future Land Use Rights

• Vital that there be no hindrance to future development of subject property.

Cleaning Costs

• Potential for high traffic volumes to result in increased cleaning and maintenance costs.

______PL29N.NA0004 An Bord Pleanála Page 87 of 274 • Legally binding assurances required that RPA will take all possible measures to minimise impact. Compensation required for any loss, damage or expense resulting.

4.3.2.4 Irish Airlines Pension Ltd. and Irish Airline Pilots Pensions Ltd. re 18 Dawson Street/39-45 Molesworth Street

Agents: Jones Lang La Salle/Arthur Cox Solicitors.

Includes: -

• General support for scheme.

Disruption during Construction

• Concern re impacts from noise/dust/vibration.

• Assurance required that disruption will be absolute minimum.

• Clarification required on responsibilities and methods of control.

• Legally binding assurances required that RPA will pay increased cleaning costs.

• Further information on responsibilities for ensuring no risk/damage from construction machinery/vehicles.

• Clarification on whether any part of the basement will be affected/acquired.

• Legally binding assurances required re. proposed building fixing.

• Legally binding assurance required that proposed structural/pre-condition surveys will be undertaken prior to works commencing.

• Legally binding undertaking required re. any disruptions to power supply, water or telecom equipment.

• Further clarification required re responsibilities for enforcing good site management practices.

Disruption to Business

• Proposals to close Dawson Street to private vehicles will dramatically increase traffic using Molesworth Street/Molesworth Place and South Frederick Street. Congestion will restrict access/egress to/from the car park of the subject premises (accessed from Molesworth Place). The problem will be exacerbated by the provision of a northbound lane on Kildare Street from St. Stephen’s Green to Molesworth Street.

______PL29N.NA0004 An Bord Pleanála Page 88 of 274 • Confirmation required that buses will continue to use Dawson Street and that they will not be diverted via Molesworth Street.

• Further information required on traffic management plans.

• Concern re proposed relocation of loading bay to Molesworth Street, immediately outside the subject premises – poses noise, vibration and safety risk. More information required on the operation of the loading bay and monitoring.

• Concern re increased maintenance costs on building – legally binding undertaking required re any additional costs.

• Clarification required as to whether or not window cleaning will be restricted to certain hours in the context of the proposed building fixing.

• Legally binding undertaking required re. any repairs/damage to the building.

Negative Impact on Property Asset

• Resulting from above impacts.

4.3.2.5 Fitzers Restaurant, 51 Dawson Street

Includes: -

• A finalised traffic plan, for the period during and after construction, should have been an integral part of the EIS.

• A Waste Management Plan should also have been included.

• There is a failure to properly consider alternatives.

• The socio-economic impacts on the subject business have not been properly assessed. The impact on the business during construction is likely to be catastrophic with Dawson Street being a virtual building site.

• The proposed stop directly outside the premises will deter customers from dining on the terrace which is an integral part of the business. A better location for the stop would be further north along the street.

4.3.2.6 ESCCU Credit Union Ltd, 55 Dawson Street

Agents: Downes, Meehan and Robson, Architects and Project Managers.

Includes: -

• Following remedial structural works to the building (a Protected Structure) in the mid/late 1990’s and on the basis of structural engineering advice, it is

______PL29N.NA0004 An Bord Pleanála Page 89 of 274 considered that no part of the front wall of the building is capable of taking the loading arising from the proposed OCS fixing. The fixing, therefore, should be relocated.

• Concern re possible damage to fragile building from vibration during both construction and operation. RPA to be responsible for any damage arising.

4.3.2.7 John O’Connor, 26/28 Dawson Street

Includes: -

• The proposed OCS fixing should not be affixed to the building (a Protected Structure).

• The fixing would result in damage to the fine brickwork on the building elevation. This should be avoided for aesthetic, architectural and heritage reasons.

• The fixing should be positioned entirely on the façade of No. 29 as was previously indicated in email/photo correspondence.

4.3.2.8 Royal Automobile Club, 33-34 Dawson Street

Includes: -

• Building is a Protected Structure, with brickwork basements and is structurally vulnerable.

The Negatives

• Nowhere in the application is there any evaluation of the advantages or costs of running the lines or even a single line of tracks down Grafton Street instead of Dawson Street;

• Nowhere in the application is there any recognition that the Club is not a business premises or an office building but, rather, a Club which is a public amenity building;

• There is no proposal for mitigation of noise and vibration on the tracks outside the Club;

• There is no specifics on how traffic will be managed either in the construction or the operation phases;

• There is no identification of the Club’s long-established car park;

• There is no acknowledgement that Dawson Street is one of the most heavily trafficked city centre streets and that to divert traffic will cause chaos for the Club and its deliveries, members and staff;

______PL29N.NA0004 An Bord Pleanála Page 90 of 274

• There is no acknowledgement of the destruction of businesses and to property caused by the RPA’s construction of LUAS lines elsewhere.

• There is a mention of a construction phase, “approximately three years”, too vague.

• There is no specific mention of how deliveries to our premises at Dawson Street and at Joshua Lane will be maintained and protected either during the construction phase or afterwards;

• There is no offer of a condition survey of the Club’s Protected Structure and in particular of the Club’s under-pavement basement areas;

• The application is accompanied by a grossly under-detailed drawing of the pipes and wires under the street to be re-routed;

• There is no indication that the entire street width would be upgraded and no indication of any works in Joshua Lane.

Flawed EIS

• Consultation process flawed.

• Of the five alternative routes shown three of them show tracks along Dawson Street and none include the most direct route along Grafton Street.

• If Grafton Street is too narrow the line could be split, one track each on Grafton Street and Dawson Street.

• Proposed alignment requires 43 metre trams to navigate four sets of 90° bends with attendant screeching noises and risk of danger to pedestrians.

• A new EIS with options properly evaluated is required.

Conditions (if proposal not rejected)

• That the line of the tracks is to stay on the east side of Dawson Street and not be relocated;

• That in the design of the paving, there be no loading bays planned in front of the club premises;

• That there will be no poles or fixings outside or onto the Club, a 200 year old (in part) building and a listed Protected Structure; this will protect our building against unnecessary structural damage and will help protect our basements;

______PL29N.NA0004 An Bord Pleanála Page 91 of 274 • That the urban landscaping outside the Mansion House be extended to take in the area in front of the Club on the western side of the street, and also up Joshua Lane;

• That the said street upgrade works be the subject of a separate “condition submission” to be made by the applicant to An Bord and that we and our neighbours be afforded an opportunity to comment on same;

• The pavement on the Western side of the street outside the Club be widened and for Wicklow Ballyknockan granite paving to be used;

• Require the same degree of vibration isolation to be provided on the tracks outside the Club (incidentally also, outside the Mansion House) as will be provided outside the Rotunda Hospital and at other aurally sensitive locations.

• That the actual design of the power pole supports be the same size as those in their artists’ impressions rather than the actual size as existing on St. Stephen’s Green.

• That the works on Dawson Street be done within 18 months from start to end.

• That in the event of the works running over this period the RPA compensate adjoining owners in the event that their income or activity has decreased;

• That the RPA pay for a comprehensive condition survey for all Protected Structures along the line of the proposed works, to be carried out by an independent professional third party, to be completed before construction begins and to serve as a baseline reference in the event that the works cause damage to the Club premises;

• That the RPA prepare a traffic management plan for the construction phase;

• That the plan be agreed with the third parties including the Club and that it be lodged with An Bord Pleanála prior to works starting;

• That the RPA pay the cost of the Club erecting temporary sound insulation (secondary windows) inside all window facing onto Dawson Street such cost to include the removal and making good of the premises upon completion;

• That in the event that the Club’s turnover during the construction period is certified by the Club’s auditors to be lower than the average turnover in the three years immediately preceding the construction the RPA compensate the Club for the losses arising;

• That our basements be protected. The applicant to, at his own expense, install and regularly inspect a comprehensive set of crack monitoring devices on our basement and on all external walls of our premises.

______PL29N.NA0004 An Bord Pleanála Page 92 of 274 4.3.2.9 Carluccio’s, 52 Dawson Street

Includes: -

• General support for the scheme.

• Main concern re impact of construction phase on premises/trade.

• Not aware of any monitoring, mitigation or remediation relevant to premises.

• Concern re noise, dust, vibration and other effects. Increased maintenance/cleaning costs.

• Concern re outdoor seating.

• Concern re continuity of utilities supply.

• Require legally binding assurances that all possible measures to minimise impacts will be taken, to include compensation for loss/damage/expenses.

4.3.2.10 YVNO Retailing Ltd. (Yasmin Velloza), 43 Dawson Street and 19A South Anne Street

Agent: Clerkin Lynch Solicitors

Includes: -

• Impairment of pedestrian access to Dawson Street.

• Importance of visibility of premises (women’s clothing business).

• Concern re dust and debris.

• Construction site deterrent to customers.

• Impact on establishing new business.

• Require details of financial compensation for loss/disruption of business.

4.3.2.11 John Morton Ltd. 48/49 Nassau Street

Includes: -

• How long in time is the disruption of the street expected to last?

• If through vibrations or heavy machinery damage occurs to the structure of the building what recompense will there be?

______PL29N.NA0004 An Bord Pleanála Page 93 of 274 • Is it the intention to lift any or part of the pavement? If so what guarantee will there be that water leaks will not happen?

• Is it the intention to retain the loading bay outside nos. 48/9/50?

• Is it the intention to retain the width of the pavement, as is, along the street?

• Where exactly is or are the OHLE Fixings going to be attached to the red bricked building Grafton/Nassau Street corner considering this is a protected structure and damage could occur. Are upright poles to be erected on the Trinity side of the street?

• Is the water hydrant on the pavement outside no. 49/50 going to be tampered with? If so, what guarantee will there be that water leaks will not happen?

• If damage occurs to the above premises at any time during the project who is or what Department is responsible?

• What traffic movement will there be after the project is finished. Buses, taxies, cyclists, delivery lorries etc.?

• With the new Government cut back on capital spending is the LUAS/BXD project on hold?

4.3.2.12 Design Yard, 48-49 Nassau Street

Similar to 4.3.2.11 above.

Includes also: -

• Details of extent of possible acquisition of basement required and of compensation/body responsible.

• Timescale for project?

• Liaison office in place during construction?

• Will there be compensation for loss of business?

• Why not a stop at the bottom of Grafton Street?

4.3.2.13 Appleby Jewellers, Johnson Court, Grafton Street

Agent: Eversheds, O’Donnell, Sweeney, Solicitors

Includes: -

• General support for the scheme.

______PL29N.NA0004 An Bord Pleanála Page 94 of 274 • Concern, in particular, re construction phase impacts. EIS does not provide sufficient information.

• Concern re impact of traffic movements in vicinity.

• Concern re continuity of utilities supply.

• Legally binding assurances required that all possible measures to minimise impacts will be taken.

4.3.2.14 John Barron (Richard Alan), 58 Grafton Street

Agent: Lambe and Tyndall, Architecture and Design.

Includes: -

• Concern re. cumulative impact of proposed development, Metro North and DART Underground on viability of business. Construction period of at least 5.5 years and possibly 9 years.

• EIS does not address the viability of any business to be impacted.

• Lack of clarity re position/availability of a permanent loading bay/drop off point at top of Grafton Street.

4.3.2.15 John Ronan Holdings, Subsidiaries and Related Companies

Agent: John Spain Associates, Planning and Development Consultants.

Properties: -

70 Grafton Street 78/79 Grafton Street 116 Grafton Street

Apartment B, 116 Grafton Street Apartment 7, Lafayette Building 22/25 Westmoreland Street

Includes: -

• General support for the scheme.

• Reference to lack of time for submission.

______PL29N.NA0004 An Bord Pleanála Page 95 of 274 General Issues

• Detailed examinations to be undertaken to determine extent of requirements for alterations to basements and this information should be made available for review/comment prior to decision on the RO.

• Need to define the extent and duration of utilities diversion works across the route and to demonstrate how continuity of services and access to buildings will be maintained during these works.

• The application is premature in the absence of a finalised Traffic Management Scheme. Such a scheme should be submitted prior to the commencement of the oral hearing.

• Working hours in the vicinity of hotels and residential accommodation (e.g. Westin hotel on Westmoreland Street) should be restricted to 9a.m. – 6p.m Monday to Friday and 10a.m – 4p.m. Saturday.

• Generally acceptable construction noise criteria are not suitable in the vicinity of such uses – proposals should be put forward for more acceptable noise levels.

• A public realm strategy demonstrating how the proposed development will contribute to the improvement of the key city centre streets is required.

• Proposal should be revised to exclude the OCS system.

Site Specific Issues

Grafton Street/College Green

• Considered essential that a loading bay is retained on Grafton Street Lower.

Westmoreland Street

• Requirement to demonstrate that the proposed stop will not lead to pedestrian congestion and that it can be successfully integrated into the street.

• The loading bay on the west side of Westmoreland Street should be retained – it may be possible to relocate the existing facility close to the proposed pedestrian crossing.

• There is a conflict between the Metro North scheme traffic management plan, which proposes one lane northbound on Westmoreland Street between Fleet Street and the quays, and the LUAS BXD drawings which show the availability of 2/3 lanes north of Fleet Street.

______PL29N.NA0004 An Bord Pleanála Page 96 of 274

4.3.2.16 Trinity College Dublin

Includes: -

• Support for the scheme.

• Concern re impact of proposed Trinity Stop on future development potential at the site of the Chief Stewards House, including issue of possible vehicular access/construction access.

• Concern re impact on future development potential of College Street frontage area of campus.

• No objection to proposed OCS pole at Nassau Street entrance – no vehicular access to this area will be permitted for construction.

• Emergency vehicular access through the main College Green entrance is required 24 hours/7 days per week. The RPA advise that this may not be possible at all times during construction that an alternative would have to be arranged during either three weekends or one week of the proposed works in this area and that they would meet any additional costs.

• Similar to above the RPA have agreed to review the issue of the entrance to the Provost’s House to devise a solution that meets the requirement for 24 hour access at all times.

• Concern re substantial fixing (4 cable runs) to the façade of the School of Nursing building on Hawkins Street – structural, future development potential and aesthetic concerns.

• Construction works should cause as little disruption as possible during the exam periods of April and May. Regard to other college activities also.

• RPA to liaise with TCD in relation to staging of works and health/safety measures at all interfaces with the College.

• Any damage to college buildings/structures to be reinstated at RPA’s expense.

4.3.3 D’Olier Street/Burgh Quay/Hawkin’s Street

4.3.3.1 David K. Anderson and Moira Anderson

Properties: 16½ D’Olier Street and 1 Hawkins Street (D’Olier Chambers).

Agents: Anderson and Co. Solicitors.

______PL29N.NA0004 An Bord Pleanála Page 97 of 274 Includes: -

• One of few protected structures to be significantly impacted.

• No financial analysis of impact on business during construction works.

• Any attachment of line support or interference with the building structure will destabilise the building. Require separate/independent posts instead.

• Absence of photographs of Protected Structures.

• No consent for any interference with the basement.

• Assurance required that access/egress to/from premises will be available throughout development process and on completion.

• Concern re likely damage to foundations of building from vibration. Condition for damages, requiring repair etc. should attach to any RO granted.

• Disquiet re timescale for project

• Concern re noise levels on Hawkins Street.

• Concern re dust levels and visual impacts.

• Concern re elaborate plasterwork.

• Need to ensure proper pedestrian access along Hawkins Street during construction.

• Indemnity for building damages, personal injuries etc. required from RPA.

• There is no provision for deliveries to/from D’Olier Chambers.

• There is no Traffic Management Plan.

• RPA to meet any additional costs relating to expert advisors, sound/dust proofing, plasterwork protection and cleaning costs to façade/windows.

• RPA should nominate an injury/loss consultant to deal immediately with claims.

• Noise and vibration monitoring needs to be carried out.

• Any RO grant should require works to be carried out street by street.

• Hawkins Street is not suitable for the proposed project and the new bridge is unnecessary rather than using O’Connell Street.

______PL29N.NA0004 An Bord Pleanála Page 98 of 274

4.3.3.2 MF Properties

Property: Aviation House, 6-7 Burgh Quay and 13 Hawkins Street.

Includes: -

• Support for scheme.

Conditions attached to the RO as follows: -

• Access (pedestrian and vehicular) to the building to be maintained at all times and, should temporary block be required, owners/tenants to be served with written advance notice.

• To safeguard the future refurbishment/redevelopment potential of the building.

• Fixings/cables to be attached to the building shall not pose any threat or nuisance to same.

• To allow for temporary removal/alteration of fixings in the event of alterations/redevelopment of the building and without incurring costs.

• To ensure continued access across/under track to service utilities, including potential new utility connections in the future. Utility culverts/service ducts to be left under the LUAS track to allow flexibility.

Should above not be included then a suitable level of compensation should be awarded.

4.3.4 O’Connell Street/Marlborough Street/Parnell Street/Parnell Square

4.3.4.1 Chartered Land Ltd.

Properties: ILAC Centre and Dublin Central Agents: Stephen Little and Associates

Includes: -

• Support for the scheme.

Dublin Central

• Dublin Central due to be completed/open at end 2015.

• No objection to proposed OCS building fixings subject to appropriate safeguards re structural integrity. Structural integrity and character are issues for Conways Pub, a Protected Structure.

______PL29N.NA0004 An Bord Pleanála Page 99 of 274 • A centralised pole in the median of O’Connell Street to support the OCS system would be welcome to minimise the visual disruption to the street as opposed to a system which spanned the street as a whole and involved connections to buildings on either side.

• Confirmation required that no basements, other than those identified at Nos. 61 and 60, will be affected by the proposed construction works.

• Presumption of law, based on ownership to middle of the road, including substrata and airspace, that party is entitled to consultation in relation to programming, planning /control.

• The proposed junction arrangement at Dominick Street Lower/Parnell Street, whereby there would be a left turn only, should be changed to allow a right turn onto Parnell Street.

Public Transport Strategy

• Detail required re proposed relocation of 1 no. bus stop northbound on O’Connell Street Upper to a position further north.

• The long term strategy for taxis on O’Connell Street is unclear.

• Condition to attach affording Chartered Land a major stakeholder role in the consultation process for the overall Traffic Management Plan for the area.

Construction Timeframe

• It is unclear why the scope of works to be included within the Metro North main contract scope of works should stop at Henry Street. There is a potential construction conflict given the projected opening year of 2014/15 for Metro North, 2015 for Dublin Central, and 2018 for LUAS BXD and the 2016 commemorations.

The enabling works and primary construction works on O’Connell Street should be completed prior to the end of 2015 and this should be required by condition. This completed date should also apply to works as far as the Dominick Street Stop.

• To ensure the success of Dublin Central all construction compounds on O’Connell Street should be removed prior to its opening.

Public Realm

• The Board to have regard to the landscaping proposals submitted as part of the Dublin Central planning application and as approved by the Board in March 2010.

Submission includes report by ILTP Consulting.

______PL29N.NA0004 An Bord Pleanála Page 100 of 274

4.3.4.2 Archdiocese of Dublin

Property: The Pro-Cathedral and Presbytery at 83 Marlbrough Street.

Includes: -

• Strenuous objection to route along Marlborough Street.

• Risk to the ability of the church to continue to fulfil its function and role within the parish, city, diocese and country.

• Impact on access for regular church activities, particularly weddings, funerals and large church/state occasions.

• Detrimental impact on income of the church.

Agent: Barrett Mahony, Consulting Engineers.

Includes: -

• Require method statement to detail measures to safeguard basements from structural damage and access arrangements during construction.

• Require method statement/clarification of scope of condition surveys on affected buildings.

• Details of proposed vibration monitoring to buildings should be confirmed.

4.3.4.3 Eircom Ltd.

Property: Telephone House, Marlborough Street.

Agent: Anthony Reddy Associates, Architects.

Includes: -

Legal Interest

• RPA to engage with Eircom and the landlord to agree any physical interventions to building fabric in advance.

Overhead Catenary System (OCS)

• Due to localised weaknesses in the concrete cladding fixings may need to be made to the structure behind the façade. An alternative would be to provide a freestanding pole structure.

______PL29N.NA0004 An Bord Pleanála Page 101 of 274 • Assurances required re lightning protection – details of connection to the steel structure and associated earthing arrangements will need to be agreed. All necessary investigation/testing to be carried out.

Construction Vibration

• Given the sensitivity of the telecommunications equipment in the building, and the essential services provided, the building must be considered as particularly sensitive to vibration.

• A minimum of 3 no. vibration monitors would be required with suitable alarms and lights and a connection to a central monitoring station.

Gas Services

• Essential that gas supply be maintained through construction.

Electrical Services

• Essential that services be maintained through construction. Second standby generator to be provided at RPA expense.

Telecommunications Infrastructure

• Engagement required to ensure adequate protective measures put in place during construction works in the vicinity of copper and fibre feed cables into the building.

Construction Noise

• Due to the sensitive nature of the emergency call centre within the building allowable construction noise levels to be restricted to ambient noise level between Cathal Brugha Street and Parnell Street at all times.

Disabled Parking

• As an approved disabled parking bay in front of Telephone House would not be in the best interests of public safety given the proposed track alignment it is suggested that the existing bay opposite, outside An Bord Pleanála’s office, be extended. Alternative proposals would also be welcome.

4.3.4.4 Mr. John Fitzpatrick

Properties: Nos. 92, 93 and 94 Parnell Street and Nos. 59 and 60 Marlborough Street, (Includes Welcome Inn).

Agent: Sheridan Architects

______PL29N.NA0004 An Bord Pleanála Page 102 of 274

Includes: -

Proposed OCS

• Given the major structural damage caused in the past to No. 92 Parnell Street the structural capability of the façade to allow for the proposed fixing is questionable. An in-depth structural survey would be required.

• Given the above and the restrictions placed by the LUAS Code of Practice on works to the building, even maintenance, it is submitted that the proposed cable connection be replaced by a post located in an appropriate location. This issue is also relevant to any redevelopment potential for the subject properties.

• The proposed technical cubicle to the front of Nos. 59 and 60 Marlborough Street would compromise and have a negative impact on any design for the potential redevelopment/sale of this site. It would also be a security risk for the Welcome Inn.

Services

• There is a need to ensure a logical and co-ordinated sequence of works for diversion of services so as to minimise disruption to businesses in the area.

Existing Surveys

• Given the structural issues associated with the Welcome Inn (previous fire damage/survey details included) further survey would be advisable prior to works commencing to establish the capability of the structure to withstand the works without damage.

Access

• Require an access plan for the Welcome Inn over the course of the works.

Conservation and Visual Amenity

• The need to upgrade all of the footpaths in the area to selected granite standard. Existing footpath features, including coal and kegs drop covers, should be protected and reinstated.

Basement

• Clarification required as to whether or not works to basement are necessary.

Damage

• On-going monitoring of potentially negative effects to the Welcome Inn structure will be required when LUAS is operational.

______PL29N.NA0004 An Bord Pleanála Page 103 of 274

Traffic Plan

• Existing deliveries to the Welcome Inn are made through the keg-drop on Marlborough Street. No provision is made for a loading bay at this location. Given the proposed one-way southbound on Marlborough Street loading at this location would block traffic. An alternative location at the defunct keg- drop on Parnell Street would necessitate significant modifications to the basement. RPA to enter discussions to resolve this matter.

4.3.4.5 The Metro Bar, 155 Parnell Street

Agent: M.F. Morris, Consulting Engineer.

Includes: -

Access

• During construction it is very important that all access is maintained to; the entrance; the access hatch on the footpath; and to Parnell Place adjacent (within Metro ownership).

Services

• Any interruption to services (water, waste, electricity etc.) would have a serious effect on the business and could necessitate closure.

Basement

• Any acquisition would have an enormous impact on the smooth operation of the business.

Operation of the Pub

• The proximity of the line, at approximately 5 metres from the front wall of the Metro, will impact on deliveries of kegs, crates etc. unless a loading/unloading bay is provided.

Shelter and Validation

• If the shelter was relocated centrally between Parnell Place and Cavendish Row then it would be easier to accommodate a loading bay outside the Metro.

Dilapidation Survey

• This must be carried out on the premises to ascertain if the construction of the line will have any effect on the structural integrity of the 200 year old structure.

______PL29N.NA0004 An Bord Pleanála Page 104 of 274 Valuation

• A valuation of the portion of the cellar to be acquired must be agreed prior to work commencing.

De-Licensing

• That portion of the cellar acquired must be de-licensed through the courts.

Health and Safety

• This could be an issue in relation to deliveries/removals as the LUAS stops outside the premises.

Loss Appraisal

• Any loss on trade will be quantified.

Programme

• A detailed work schedule to be agreed for the duration of works in the vicinity.

Professional Fees

• All fees to be agreed and discharged when due.

4.3.4.6 Patricia Duffy, Lucky Duffy’s, 148 Parnell Street (Newsagent/home)

Includes: -

• Concern about retention of 2 no. existing disabled parking spaces at 145-147 Parnell Street.

• Concern re access to premises for customers/suppliers during construction and operation.

• Concern re disruption and noise pollution during construction works.

• Assurance required re structural damage to building.

4.3.4.7 Rotunda Hospital

Agents: O’Connell Mahon Architects.

Includes: -

• Support in principle.

______PL29N.NA0004 An Bord Pleanála Page 105 of 274

Inadequacies in the EIS

• There is little or no information in respect of the overall extent of construction works.

• There is no detailed information in respect of the proposed fixing of overhead lines to the protected structure.

• There is minimal information submitted in respect of the proposed methodology for construction works at Parnell Square.

• There are no specific details in respect of the health and safety of the public, patients and staff at the Rotunda Hospital consequent on aspergillus risk, construction traffic risks, excavation risks, services risks and other such risks.

• There is little detail of the proposed structural impacts on the Rotunda (a protected structure), notwithstanding the fact that the possible impact is noted in the applicant’s own submission.

• There is no risk analysis set out by the RPA of the impacts of the development in the area of a live hospital environment.

• The general sections on vibration include limited details of proposed mitigation to the hospital.

• The general sections on noise do not include details of any proposed mitigation measures to the hospital, notwithstanding the hospital being noted as a highly sensitive area.

• There is no information in respect of mitigation measures to co-ordinate work activities with proposed developments at the hospital.

• The general sections on traffic provide little information in respect of construction activities on Parnell Square including maintenance of existing traffic requirements, site traffic movements, contractor’s compounds, delivery of materials, lifting and movement of materials, and other activities that are relevant to the impact of the proposed development.

• The programme for the proposed works is not clear. There is no detailed programme or schedule of works proposed and the EIS notes that the detailed programme and schedule will only be developed by the appointed contractor following the granting of the Railway Order. The submission indicates a timeframe for the completion of the contract but there is no detail in respect of the timeframe for the works at Parnell Square.

______PL29N.NA0004 An Bord Pleanála Page 106 of 274 DCC Parnell Square Framework Plan

• The proposed development should be fully integrated with a modified framework plan that respects the agreed vision for the development of the square.

Health and Safety

• Construction works may result in aspergillus and other risks.

• There are no details of construction techniques proposed for the main elements of the works.

• In the absence of a Traffic Management Plan it is not possible to assess the level of risks for the hospital.

• The electromagnetic impacts of the operation of the scheme have not been addressed having regard to current and future medical equipment at the hospital.

Noise

• Imperative that no construction works undertaken during night time hours.

• Limiting levels of ground borne noise and vibration should apply irrespective of the time of day or night.

• Airborne noise during construction must be controlled, including during the day.

• The contractor should be required to carry out detailed predictions of noise levels from the works and apply appropriate mitigation measures.

• Noise omitted from any fixed plant should be controlled.

Vibration

• Elevated ground vibration levels generated during the construction and operation of the LUAS BXD may have detrimental effects on the operation and performance of the vibration sensitive medical equipment in the hospital especially the Scanning Electron Microscope (SEM).

• To date no predictive vibration data relating to the LUAS BXD has been received from the RPA.

• On the basis of previous data submitted to the RPA we consider it likely that the ultracut microtome in the basement of the original building to Parnell Square is likely to be affected by construction and hence consideration should

______PL29N.NA0004 An Bord Pleanála Page 107 of 274 be given to its relocation elsewhere on the site at least for the duration of the construction works.

• Due to the inherent uncertainty in vibration predictions, it is recommended that agreement is sought for RPA to measure ground borne noise and vibration as the works approach the Rotunda Hospital and provide the hospital with the data to enable the hospital to predict when the works will interfere with its activities. It should then be possible to identify the dates at which the hospital may be affected and so minimise the disruption caused.

Traffic

• It is imperative that access, both vehicular and pedestrian, to the hospital be maintained during all stages of the construction project. Patient access is through the main entrance on Parnell Square West.

• There is a separate goods entrance yard, also on the western aspect of the Square, which facilitates delivery of materials, food, equipment etc. Also on Parnell Square West is the vehicular access to the back car park, which is used predominantly by staff during weekdays from 8am to 5pm. However parking is available to members of the public outside of these hours and is used by patrons of the Gate Theatre on a nightly basis. This entrance is also used for the bulk delivery of medical gases and for waste collection.

• No assessment of impact to Parnell Square West has been conducted for either construction or operation phases of the LUAS. It is a primary access road to the main hospital entrances (pedestrian and vehicular) which is directly affected by both stages of the works. It appears that during construction traffic will be diverted from both Dominick Street and Cathal Brugha Street to Parnell Square West. This is likely to lead to congestion related delays and may impact on ambulance service which will require emergency access for neonates and mothers at all times.

• No proposals have been made in respect of retaining access to the front hospital forecourt car park during construction works through sequenced or other strategic approaches.

• Concerns relate mainly to the construction phase, although visibility on exiting and access to the car park during the operational phase does not appear to be resolved. It is imperative that 24 hour access is maintained to this area for hospital clinical and on-call staff that uses this car park.

• The forecourt car park also provides access by the fire brigade services to the buildings on the southern aspect of the site which includes both patient care areas and the main food production kitchen.

• The existing entrance (and exit) gate to the front car park is very narrow and the large fire trucks will require access to the entire width of the street to turn into the car park. There is an unused entrance gate to the front car park, beside

______PL29N.NA0004 An Bord Pleanála Page 108 of 274 the Ambassador Theatre, but this gate is too narrow for the large emergency vehicles. We are restricted from widening either entrance gate as the perimeter fencing is protected along with the man building. Similarly, emergency vehicular access is also required to facilitate clearance of sewage drains at a major junction point, which is located in the front car park.

Dust and Aspergillus Prevention

• It is likely that all windows to Parnell Square South will have to be kept closed throughout the works period. This will have a significant impact on the operation of the hospital.

Protected Structure

• The development will impact on the views of the hospital. Protection of the Palladian set-piece as one landmark of Dublin requires a sensitive approach. A review of the design approach for the scheme at Parnell Square is required.

• Concern that the building structure will not be suitable to support the proposed fixings. Suggest use of upright posts instead.

Impact on Sensitive Medical, Laboratory and Hospital Equipment

• Concern re impact from electromagnetic interference on the SEM (examined by RPA) and on the wireless baby tagging system (not examined).

Financial Impact

• Concern re any loss of income from front car park.

• Concern re any loss due to interference with the relocation of the Dublin City (Library to the Ambassador Theatre (Rotunda is landlord).

4.3.4.8 Q-Park Ireland Limited

Owner/long term lessee of car parks at: -

• Marlborough Street, Dublin 1 (Clery’s) • User’s Quay, Dublin 7, (Four Courts) • Setanta Place, Dublin 2 (Setanta) • Mercer Street, Dublin 2 (RCSI).

Includes: -

• General support/welcome for scheme.

• Concern, in particular, relating to impact on access/egress to/from car parks at Marlborough Street and Setanta Place.

______PL29N.NA0004 An Bord Pleanála Page 109 of 274 • Concern re disruption/damage to property due to vibration, noise and dust during construction and operation.

• EIS fails to provide an adequate long term traffic management plan, signage plan or traffic light/signal optimisation plan.

Marlborough Street Car Park (Clery’s)

• Elimination of right hand turn from O’Connell Street Upper to Cathal Brugha Street will seriously impinge on access to the car park. This is a simple direct route – alternatives add significant time and distance.

• Proposed ban on left turn from Cavendish Row to Parnell Street East, during construction, and right turn Parnell Street East to Marlborough Street, permanently, will adversely impact on key access route from the north.

• It is imperative that the egress route via Cathal Brugha Street, right onto Marlborough Street and left onto Parnell Street East is maintained. Proposal to permit U-turns for service vehicles on Parnell Street East is an additional concern.

• Confirmation required that egress route to O’Connell Street via Cathal Brugha Street is to be maintained.

• If above routes cannot be maintained then the option of a southbound route from Parnell Square East/Cavendish Row onto O’Connell Street Upper with a left turn onto Cathal Brugha Street should be considered.

• If above option is not possible then other alternative routes would require a well-planned system of guidance signage and traffic light/signal optimisation, to be agreed with relevant stakeholders.

• Agreement required with RPA/DCC as closure of right turn to Cathal Brugha Street is planned at the beginning of the construction period.

• Another option would be the relocation of the Cathal Brugha Street Stop on O’Connell Street Upper to the north-east corner of the Marlborough Street/Cathal Brugha Street junction. This would, in part, facilitate the maintenance of the right turn from O’Connell Street to Cathal Brugha Street.

Setanta Car Park

• Concern re quantity of traffic proposed to be funnelled into South Frederick Street. The resultant congestion would impact on access to the car park.

• A firm commitment to have the right turn from St. Stephen’s Green East to Merrion Row is required.

______PL29N.NA0004 An Bord Pleanála Page 110 of 274 • The proposal to eliminate access from Molesworth Street to Dawson Street will adversely affect the egress route to Pearse Street.

• If commitments cannot be given on the right turn to Merrion Row then two- way traffic on Kildare Street should be extended north to Nassau Street, at least from Setanta Place.

• Legally binding assurances required to ensure every possible measure is taken to minimise negative impact on car park trade.

4.3.5 Dominick Street and Grangegorman

4.3.5.1 Mr. Peter Malbasha

Property: 24, Lower Dominick Street

Agent: Gilroy McMahon, Architects.

Includes: -

• As a protected structure the proposal to attach cable support structure will adversely affect the building appearance. The building fabric and structure is wholly unsuited to the structural demands that would be placed on it.

• The RPA have advised that they require structural support which they indicate will impact on the basement area or lightwell. This area currently provides daylight to the basement accommodation.

• The building owner will suffer significantly increased costs when maintaining or repairing the building, as such maintenance works will be required to take place outside LUAS operational hours.

• Any interface with the RPA will require the building owner to retain consultant advisors to assess LUAS proposals. Costs associated with this will have to be borne by the owner.

• The proximity of the proposed LUAS line to the building will increase insurance premiums in respect of the building and its occupants.

4.3.5.2 Residents of Palmerston Hall Apartments, Dominick Street Upper

Agent: Louise Hobdell, Managing Agent, Palmerston Hall

Includes: -

• Will there be pedestrian and vehicle access to Palmerston Hall at all times during and after construction?

______PL29N.NA0004 An Bord Pleanála Page 111 of 274 • Will there be limits to the times that construction can take place during the week? i.e. will construction be taking place during evenings and weekends?

• What noise levels will residents be subjected to during the construction period?

• What noise levels will the LUAS omit once in operation?

• Are there time limits in place for when the LUAS bell can be used to avoid disruption to residents?

• What measures will be in effect to manage dust and debris and will the windows and exterior be cleaned by the RPA after construction has finished?

• What allowances will there be for residential on-street parking? Parking is already limited in the area and residents must be provided with adequate parking.

• Can the current traffic system in place be reviewed to allow a right hand turn off Western Way onto Mountjoy Street to allow resident’s access to Dominick Street Upper?

• The residents would like clarification on where the cabling will be attached to Palmerston Hall and request that a survey of the cabling be carried out before and after construction.

• What plans for pedestrian access and cycle lanes on Dominick Street are in place for during and after construction?

4.3.5.3 Arnotts Department Store

Property: Car park at 58-64 Upper Dominick Street and 25-29 Upper Dominick Street.

Includes: -

• Support for scheme.

• Arnotts request that the proposed one way system on Upper Dominick Street be amended to include a ‘no entry except access’ sign at the junction of Upper Dominick Street and Mountjoy Street to facilitate entrance to the car park. Our concern is that car park users may ignore the proposed one way traffic restriction and simply drive the 25m distance to access the car park rather than driving around the proposed one way system.

• Proposal includes a pole to be placed outside 25-29 Upper Dominick Street (Arnotts Warehouse) which will impede the use of car spaces outside the property. We request that this pole is either moved to the right of the property

______PL29N.NA0004 An Bord Pleanála Page 112 of 274 up to the boundary wall or attached to the building itself to enable Arnotts to continue to use the car spaces outside the property.

4.3.5.4 Dublin Institute of Technology

Includes: -

• Support for the scheme.

• Liaison with RPA has been on-going and scheme has been co-ordinated with the master planning of the new campus.

4.3.5.5 Grangegorman Development Agency

As above at Section 4.3.5.4.

4.3.6 Phibsborough and Cabra

4.3.6.1 Cabra Road Residents Association

On behalf, in particular, of residents close to the Cabra Road Bridge and those on St. Peter’s Avenue.

Includes: -

Peaceful Occupation of Homes

• Proposed access and location of station will have detrimental impact on peace/quality of life.

• There is an alternative access point at the north side of the bridge.

Safety

• The further narrowing of the already narrow road over the bridge would disrupt the free flow of traffic and increase the likelihood of traffic accidents and injury to pedestrians/cyclists.

Protected Structure

• The proposed elevator shafts, raised platforms and entrance/exits would have a negative impact on the bridge and its walls, a Protected Structure.

Noise

• The very close proximity of an active railway will be very intrusive on adjacent houses.

• Concern as to how construction noise is to be mitigated.

______PL29N.NA0004 An Bord Pleanála Page 113 of 274

• Concern re noise/disruption associated with entrance.

Access to Station

• Concern re anti-social behaviour.

4.3.6.2 Pat Magee, 1 St. Peter’s Avenue

As above, Section 4.3.6.1.

4.3.6.3 Thomas Leydon and Catherine Leydon, 2 St. Peter’s Avenue

Includes: -

• Concern re anti-social behaviour, litter etc. in vicinity of proposed stop.

• Concern re congestion/parking issues on the avenue and out onto Cabra Road.

• Proposal to change character/isolation of the avenue, a cul-de-sac.

4.3.6.4 Michael Fichtner and Noel Stynes, 3 St. Peter’s Avenue

As above, Section 4.3.6.1

4.3.6.5 Tessa Feahney, 5 St. Peter’s Avenue

Agent: McGonagle Solicitors

Includes: -

Location of stop

• The stop would be too close to the secluded residential cul-de-sac.

• Not sufficient consideration to locate it elsewhere, such as north of Cabra Road.

• Remedial works required to the retaining wall present danger of damage/subsidence.

Noise

• Lack of detail re impacts in the EIS. Require concrete assurances and detailed and acceptable proposals regarding monitoring.

Vibration

• Concern re works to the retaining wall.

______PL29N.NA0004 An Bord Pleanála Page 114 of 274

• Concern re operational phase.

Subsidence

• Concern re planned excavations and other works.

• Underground land take extends more than halfway through the property – include soil fixing nails. Maintenance of same not addressed.

• St. Peters Avenue does not appear to be in charge. Owners have not received assurance as to indemnification/public liability.

• Dust/debris/builders materials/soil/excavated material – impacts on subject property.

• Require proposals re control of vermin.

Temporary Site/Right of Way

• Proposal at mouth of St. Peter’s Avenue will deny access by car and restrict access by foot. Also potential for noise/disturbance/anti-social activity/theft.

Traffic Control Measures

• Object to the proposed closure of St. Peter’s Avenue, require details of same.

Operational Phase

• Concern re noise and vibration.

• Concern re increase pedestrian activity/security issues.

• Overlooking from stairs to stop.

• Concern re anti-social behaviour at TVM to be located close to subject property.

Property Value

• Negative impact on property value, potential rental income. Difficult to sell during construction.

• Need Property Protection Scheme.

4.3.6.6 John Gunning and Family, 311 North Circular Road

Includes: -

______PL29N.NA0004 An Bord Pleanála Page 115 of 274 • The proposal to erect a stairway alongside the front garden and a stop and walkway halfway alongside the back lawn for a LUAS running from 5.30 a.m. to 12 p.m. would represent a major disruption.

• Concern re privacy, crowds, unsocial behaviour/crime/reduction in property value.

4.3.6.7 Kitale Ltd, Trading as Ashley Ford Motors, 305-309 North Circular Road

Agent: McGill Planning

Includes: -

• Support in principle for scheme.

The following elements of the proposed development would directly impact the property.

• Temporary acquisition of 27 square metres of our client’s site in order to accommodate construction works at the proposed Phibsborough Stop.

• Acquisition of substratum land along a 20 metre corridor under the property.

• Development of the Phibsborough Stop and associated elements and works to the bridge at North Circular Road in the Broadstone railway cutting directly adjoining our client’s site.

Land Take

• Greater clarity is needed on whether substratum works would restrict the potential for basement development within adjoining sites. The subject party is actively pursuing a redevelopment application which would include for basement development.

• The proposed construction hoarding/fencing on the premises could have a significant impact on business if the construction period is overly extended.

Substratum Landtake and Stone Wall Stabilisation

• The proposed method of stabilisation, “soil nailing”, involving the insertion of 10 metre steel rods into the supporting wall adjoining the subject property, should have been subject to an assessment under alternatives in the EIS to ascertain if there was an alternative design which may not require such significant substratum landtake underneath adjoining properties.

• The construction of the proposed wall mounted OCS fixings, luminaires and speakers at the Phibsborough Stop needs to be carefully considered so that the impact at sub-surface for the subject site is minimized.

______PL29N.NA0004 An Bord Pleanála Page 116 of 274 Construction Phasing

• More detail on the precise length of time and phasing to construct the line and stops in the railway cutting between Broombridge and Broadstone is required so that businesses/properties in the area are not inconvenienced for an unnecessarily long period.

Bridge Works and Traffic Disruption

• More detailed analysis of how North Circular Road traffic will be managed during bridge works and the likely duration of impact is required.

• The further narrowing of the carriageway on the bridge needs to be carefully considered.

Noise and Vibration

• Concern re broad brush analysis in EIS given the subject sites location directly adjoining the railway cutting where significant works are to be carried out to construct the Phibsborough Stop and access and given the potential for sustained construction noise and vibration to significantly impact on business operations and residential amenity.

• The area is given a “very high” sensitivity rating in the EIS. Clarity is required as to the precise duration of construction works proposed adjoining the subject premises.

Waste Management and Storage

• The main storage of soils and other materials should not be permitted in the railway cutting near the North Circular Road for long periods or without proper covering given the potential for dust or other particles to be blown onto adjoining properties.

Utility Diversions

• Disruptions to be kept to a minimum.

4.3.6.8 Denise Green, Brian Green and David Green

Property: No. 294 North Circular Road.

Includes: -

• Support for the scheme and especially the proposed Phibsborough Stop.

• The new Phibsborough Stop will be constructed immediately to the north of No. 294 North Circular Road.

______PL29N.NA0004 An Bord Pleanála Page 117 of 274 • The EIS confirms that substratum land acquisition is required in order to allow the contractor to strengthen the existing retaining stone walls to the Broadstone railway cutting. The proposed method of strengthening the retaining wall is by inserting narrow steel rods, referred to as soil anchors, of up to 10 metres in length into the wall at an angle.

• Potential impacts on No. 294 North Circular Road associated with the construction and operation of the LUAS line and Phibsborough Stop, and the insertion of the soil anchors, includes noise, vibration and settlement. It is noted that the EIS states that the highest predicted construction noise in the locality of the Phibsborough Stop will be at No. 294 North Circular Road.

• Having regard to the above, it is respectfully submitted that An Bord Pleanála ensure that: -

(i) construction impacts such as noise and vibration are minimised through the implementation and monitoring of appropriate mitigation measures;

(ii) construction works are carried out during standard working hours only;

(iii) the RPA require the contractor to minimise the use of soil anchors beneath our client’s property;

(iv) the RPA and/or the contractor consult with our client regarding the location of the soil anchors in order to ensure that the future development potential of our client’s site is not compromised.

4.3.6.9 Malachy Nugent, 5 St. Attracta Road

Includes: -

Noise

• Concern re noise and vibration during construction and operation given location of proposed Cabra Stop immediately behind the subject house.

• Concern re. stability of rear garden wall, garden and house.

Pollution

• Concern re dust, rodents, flies etc.

Security

• Concern re loss of security.

Privacy

• Concern re loss of privacy. Issue of CCTV cameras also.

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4.3.6.10 Shandon Residents Association

Includes: -

Critical Importance of the LUAS Line

• Critical that the LUAS line be developed as a single unit to serve this densely populated area.

Cabra Stop

• The proposed road improvements at the Liam Whelan Bridge, near the proposed Cabra Stop, are unacceptable. There are already traffic concerns at the bridge and visibility from Shandon Crescent is presently unacceptable and will be further impeded by cars parking to drop off/collect LUAS passengers. There is a need for a road safety audit at this location.

Mount Bernard Park

• The loss of part of the park will be compensated for in time by the enlargement of the park within lands to the rear that are of great potential for local amenity but are presently a source of problems.

• The RPA should be required to reinstate the area as an extended landscaped park. Proposals for after use are insufficiently detailed in the application.

Royal Canal Conservation Area

• Proposals, including the selection of fencing, would detract from its amenity value and be contrary to its conservation status.

Broombridge Station

• An integrated upgrade of the two stations is required. Security and the condition of the existing station has been a concern for decades.

Proposed Depot

• Further information required in relation to its management to ensure it does not give rise to anti-social behaviour.

5.0 THE ORAL HEARING

5.1 Introduction

A preliminary oral hearing was held on the 10 th May 2010 and the substantive hearing took place over 9 days between the 18 th May and the 1 st of June 2011.

______PL29N.NA0004 An Bord Pleanála Page 119 of 274

A full digital recording of the proceedings of the hearing and copies of written submissions, where provided, are attached to the file.

5.2 Oral Hearing Proceedings

The following is generally a brief summary only of the main additional information that emerged at the oral hearing over and above that contained in the application documentation and written submissions already received and summarised in the foregoing sections of this report.

It should be noted that the applicant’s initial submissions to the hearing generally refer to a number of specific issues which they were invited to address in the notice of the order of proceedings for the hearing. This comprised Module 1 of the hearing, the remainder of the hearing comprising Modules 2-11 (see copy of Order of Proceedings on file).

5.3 Module 1 – Applicants Submissions

5.3.1 Mr. Michael O’Donnell – Barrister

This includes: -

• Railway Order is effectively delegated legislation, status of Statutory Instrument. Not just consent for works but also consent to operate the railway.

• Board also required to decide if it is appropriate to allow the acquisition etc. of properties indicated in the Book of Reference.

• Following Clinton v An Bord Pleanála (recent Supreme Court Decision) the Board only has to be satisfied that the land proposed for acquisition is necessary for the purposes of the undertaking. In this regard the extent of land indicated for acquisition is only that that is necessary.

• The consent, if forthcoming, would be permissive rather than obligatory. Voluntary agreements still possible/likely.

• The Board must also carry out EIA.

• Project is not subject to SEA as this applies only to plans.

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5.3.2 Mr. Michael Sheedy – Director of Light Rail (RPA)

Context/Overview of the Proposed Development and Need for the Scheme

This includes: -

• Views that the proposal would duplicate a rail link on the St. Stephen’s Green to Parnell Square corridor that is already planned to be delivered by means of Metro North fail to appreciate the different roles and sectors served by the two modes of transport.

• Quite a lot of cities have rail networks where two or more lines run along common corridors.

• Metro North is a high capacity, high speed system more appropriate to the longer journeys associated with Metro systems. Systems such as LUAS are more focussed on local distribution with greater permeability/accessibility and slower journey times.

• DART Underground and LUAS BXD would also be complementary.

• 19 trams will be required for the proposed scheme.

• Noted that the Board’s direction in relation to the Metro North Railway Order indicated that the Board accepted that the long-term benefits of the scheme would outweigh the short term impacts due to construction.

• It is anticipated that a Traffic Forum, similar to that which has been set up for Metro North, will be convened for the LUAS BXD project with the key objectives of addressing the management of the city centre traffic regime and providing a management facility for the resolution of conflict.

• In the current economic climate it is not possible to be definitive regarding the timing of implementation of this project relative to Metro North and DART Underground.

• RPA has recently received written confirmation from the National Transport Authority (NTA) that, due to financial constraints, the Metro North, DART Underground and LUAS BXD projects will not be implemented simultaneously (copy of letter, dated 6 May 2011, submitted and on file).

• NTA letter includes: -

- It is likely that only one of the major public transport projects will be able to be progressed over the period of the new National Development Plan 2012 to 2016.

______PL29N.NA0004 An Bord Pleanála Page 121 of 274 - Over the medium term there is no realistic prospect of all three of these major projects proceedings to full construction at the same time. Accordingly, concerns over the impacts of possible concurrent construction of all these projects in Dublin City Centre are unfounded.

- The sequencing and timing of the programme of major public transport projects will be a matter for government to determine in its development of a new capital spending plan.

- The Authority is satisfied that the proposals developed in respect of the LUAS BXD are sufficiently flexible to accommodate any sequencing arrangement that may emerge from the Governments proposals, including the prior construction of LUAS BXD in advance of Metro North and DART Underground.

- The Authority is satisfied that the case for LUAS BXD is not dependent upon the prior construction of any of the other two major city centre transport projects and the need for the scheme is independent of the other projects.

• It is understood that it is the intention of the Government to decide in the autumn as to which project is to be prioritised.

5.3.3 Mr. Jim Kilfeather – Project Manager LUAS BXD (RPA)

Details of the Proposed Development and Property Requirements

This submission is a description of the proposed development and an explanation of the information contained on the scheme drawings.

It also includes the following specific responses to two observer submissions:

(i) Arnotts Ltd. – see Section 4.3.5.3 above

Following consultation on alternative location for the pole on the public footpath on Dominick Street Upper has been identified.

OCS pole reference BXD-29D-P3 is, therefore, to be removed from the Eight Schedule to the Draft Railway Order.

(ii) Mr. John Fitzpatrick – see Section 4.3.4.4 above.

The proposed kerb build-out at this location would allow for the alternative placement of a pole in the public footpath to support the OCS. Building fixing reference BXD-29C-F6, therefore, can be removed from the Seventh Schedule to the Draft Railway Order.

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5.3.4 Mr. Jim Kilfeather

Consideration of Various Alignment Alternatives submitted by Observers

This includes: -

• Grafton Street as a route option, and as proposed by the Royal Automobile Club (see Section 4.3.2.8 above), had been rejected on the basis of safety risk to pedestrians, in excess of 133,000 daily on the street, and interference with servicing/access to retail premises.

• Route options that did not include St. Stephen’s Green were rejected due to the importance of this stop to the south city business/retail district and its future importance in the context of an integrated rail based public transport hub, including Metro North and DART Underground.

Responses to Observer Submissions: -

(i) Mr. Donal O’Brolchain – see Section 4.2.3 above

• The east-west LUAS line envisaged in ‘Platform for Change’ (2001) was not envisaged as serving the purpose of linking the LUAS Red and Green lines but rather as a distributor throughout the south city centre.

• The current NTA Draft Strategy (2011-2030) does not include this east- west line.

• The suggested alternative would entail an increased length of 1.7 kilometres in connecting the LUAS Red and Green lines. It would diminish service levels at St. Stephen’s Green. It would be less attractive for retail/tourist/education trips. It would not be efficient in operational terms. It would require partial demolition of a Protected Structure.

(ii) Luke Gardiner Ltd. – see Section 4.2.6 above

• The suggested alternative would fail to satisfy a key objective of providing connectivity with the planned DIT campus at Grangegorman.

• It would require the removal of recreational facilities and the demolition of buildings along the Royal Canal Park which is subject to amenity objectives/designations in the Phibsborough/Mountjoy LAP.

• The connection to the Maynooth and Heuston – Connolly lines would require an interchange station at a constrained location where property acquisition and building demolition would be necessary. Storage and maintenance of trams would also require extension property acquisition and demolitions.

______PL29N.NA0004 An Bord Pleanála Page 123 of 274 5.3.5 Mr. Ciarán Browne – Contracts Manager (RPA)

This includes: -

Property Owners Protection Scheme

• It is not intended to put in place such a scheme, mainly, as it is not envisaged there will be any structural damage to properties as a consequence of the proposed works.

• A condition survey of all properties adjacent to the works will be completed by an architect, engineer or other suitably qualified professional prior to commencement of any work. In the case of Protected Structures or buildings of architectural heritage merit a Conservation Architect will also carry out an inspection. Survey information will be used to inform construction methodologies and any requirements for vibration monitoring.

• Where fixing supports for the OCS are to be attached to a Protected Structure or building of architectural heritage merit, the Conservation Architect will be consulted to review and approve the survey methodology and techniques.

• In advance of fixing to a building each building will be surveyed by a suitably qualified structural engineer in order to establish suitability at the fixing location.

Construction Phase

• Slides 1-8 showing plans/elevations/photomontages of the proposed construction compounds.

• Slide 9 showing locations of LUAS BXD construction compounds together with those proposed for Metro North and Dart Underground.

• Slide 11 showing typical example of basement modification works.

• Anticipated that all basement modification works will be completed within the first 8 months of the project. Typically, works at each individual basement will take 7-10 working days.

• Slide 12 photomontage of typical site set up for utility diversion works.

• Envisaged that all utility diversion works will be completed in a 22 month period.

• Slide 17 showing sample of soil nailing installation proposed at the Phibsborough Stop.

______PL29N.NA0004 An Bord Pleanála Page 124 of 274 • Slides 18 and 19 showing plans and photomontage of access to Phibsborough Stop. Note also location for mini-piles.

• Slides 19-21 indicating phasing and cross-section details for the Broadstone Stop.

• The estimated duration for the structures works is approximately 15 months.

• Slide 22 photomontage of O’Connell Street Upper/Parnell Street.

• In public streets where there is insufficient space to construct the full width of the track slab in a single phase, it will be installed in two longitudinal halves to allow for traffic, deliveries etc. Slide 23 indicates typical traffic management set-up.

• Slides 27 and 28 sample photograph and cross-section of OCS building fixing.

• The overall duration for the light rail infrastructure works is anticipated as approximately 24 months.

• The installation phase for the system works will take approximately 9 months and testing/commissioning 6-8 months.

• Slide 32 summary programme for construction works – total timescale 4 years. • The construction sequence breaks the city centre construction works into a set of 20 work-fronts, illustrated on Slide 33.

• The construction sequence for the main works packages that is, the utility diversion works and the light rail infrastructure works, for each quarter of each year of construction is illustrated on Slides 34 to 46.

• A more detailed programme will be developed for each contract by the appointed contractor.

• In the light of the NTA letter to RPA it is not currently possible for RPA to present a cumulative construction programme for LUAS BXD, Metro North and DART Underground.

• Each contractor will be contractually obliged to maintain access to adjacent premises throughout the course of the construction works.

• Where planned outages to utilities or other services are required the utility company/service provider will contact their customers to advise of potential disruption.

______PL29N.NA0004 An Bord Pleanála Page 125 of 274 • RPA will appoint a number of Community Liaison Co-ordinators for the construction work period.

5.3.6 Mr. Eoin Gillard – Engineer (RPA)

This includes: -

Operational Traffic Management

• A synopsis of the key permanent traffic management measures proposed for the scheme and as also described in the EIS. Slides 1-7 refer.

• Dublin City Council has confirmed that Phase 2 of the St. Stephen’s Green Traffic Management Scheme will be implemented in advance of the construction of the proposed scheme. This will involve the removal of through traffic from the Dawson Street/Kildare Street area through the introduction of a right turn from St. Stephen’s Green East to Merrion Row.

• In February 2011 the NTA published the Greater Dublin Area Draft Transport Strategy 2011-2030. Subsequent to its adoption an Implementation Plan and a Strategic Traffic Management Plan will be developed by the NTA and the latter will provide the overarching traffic strategy previously referred to in the EIS.

• The impact assessment as set out in the EIS has concluded that all traffic and transport impacts can be accommodated and that any residual impacts are generally slight. This is balanced against the projected benefits through the removal of 3 million car trips each year and the overall increase in accessibility to the city centre.

Construction Traffic Management Plan (CTMS)

• In preparing the CTMS for the proposed scheme a number of underlying principles or assumptions were development, which set the constraints within which the temporary traffic management schemes should operate, as follows: -

(a) Vehicular and pedestrian access to be maintained at all times during the works. At specific locations or during specific works phases where disruption to an access cannot be avoided, RPA will develop a strategy with the owners of the affected building to ensure that any disruption caused is minimised. (b) Vehicular access routes for servicing premises to be maintained. (c) Continuity of access routes to city centre public car parks serving retail areas. (d) Maintain bus services throughout the works to ensure the continued accessibility of the city centre by public transport. This may require the temporary relocation of bus stops and re-routing of bus services. (e) Maintain existing footpath widths on all streets where possible.

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• Slides 11-13 illustrating the permanent traffic management measures to be implemented at the commencement of the various phases of construction in different areas.

• The works on Nassau Street represent a key constraint to maintaining existing traffic routings.

• Slide 14 illustrating the proposed re-routing of bus services via Kildare Street.

• Slide 15 illustrates access/egress for service vehicles/deliveries for Grafton Street.

• Details of construction traffic management measures on a street by street basis (Slides 16-25).

• Following review it is now proposed to retain existing parking and loading areas, previously proposed for removal, on the north side of St. Stephen’s Green North between Dawson Street and Kildare Street throughout the construction period.

• In advance of construction commencing on Parnell Street in front of the west gate entrance to the Rotunda Hospital the east gate is to be widened by carefully removing the pillar and railings in accordance with an agreed method statement and subsequently reinstated.

• Slide 26 showing indicative haul routes for construction traffic.

• In general the impacts on road users are at a local level and the measures identified in the CTMS will result in slight negative impacts.

• On a strategic level the impacts will be associated with vehicular delay and increases in journey length as a result of traffic diversions due to temporary lane restrictions and turn bans. In order to assess these impacts a model of the construction scenario has been developed. This construction scenario is identified from a combination of the individual measures required to accommodate the construction works at any one time. The model assessment indicates that impacts on traffic volumes, vehicular delay and journey length as a result of the proposed scheme would result in a slight negative impact.

• Traffic forum to be established.

• DCC, as roads authority, will ultimately be responsible for the approval of the detailed traffic management plans produced by the contractor.

______PL29N.NA0004 An Bord Pleanála Page 127 of 274 Future Pedestrian Environment at St. Stephen’s Green North and West

• LUAS BXD will result in a reduction in pedestrian volumes assessed in both Metro North and DART Underground. Furthermore, the new pedestrian plaza layout, extending over the entire area with LUAS BXD in place, would encourage eastbound and westbound pedestrians to continue along the southern side of St. Stephen’s Green North, away from the signalised pedestrian crossing of the Dawson Street junction identified as the most congested area in the DART Underground EIS. The cumulative impact is thus considered to be similar to that for Metro North and DART Underground alone, i.e. as assessed in the DART Underground EIS. It is therefore concluded that the pedestrian facilities in the environs of the St. Stephen’s Green stop can cater for the volumes of pedestrians associated with the three projects.

5.3.7 Ms. Anne Kiernan – Chief Architect (RPA)

Public Realm Design Strategy

This includes: -

• Slides 18-64, including drawings and photomontages, detailing proposals for identified key urban spaces and Dominick Street Lower.

• Generally, but not always, do façade to façade reinstatement.

• Slides (second set) 20,23,30,32,43,47,52 and 53 illustrating the extent (broken pink line) of reinstatement proposed as part of the scheme on a street by street basis. Type of paving materials to be used also indicated. Paving sets are specified in granite or bauxite.

• Finishes etc. to be co-ordinated with Metro North, DART Underground and with various schemes carried out to date and proposed by DCC, Historic paving, street furniture etc. to be reinstated.

• It is now proposed that the surface level of the tracks for the central median along the north end of O’ Connell Street will be level with that of the median.

5.3.8 Mr. Simon Clear – Planning Consultant

Impacts on Businesses

This includes: -

• The core of the city centre retail/service areas are for the most part avoided although it is envisaged that subsequently the core retail streets will expand into these areas.

______PL29N.NA0004 An Bord Pleanála Page 128 of 274 • By reference to the Dublin City Development Plan 2011-2017 the proposed route passes through one Category 1 retail street, O’Connell Street. This is a wide street with the line running alongside the central median such that there will be no effect on business there. For Category 2 Retail Streets, access to businesses will be maintained at all times during construction and works arranged to minimise effects on businesses. While it is acknowledged that for some businesses close to works there will be some, albeit insignificant, effects for most businesses there will be no effects.

• The impact in the operational phase is positive through increased accessibility, increased footfall and improved public realm and amenity associated with light rail systems.

• The adopted methodology in the EIS for determining the sensitivity rating was to examine the dominant format of land use within a particular land use area rather than to look at individual businesses.

• In the Metro North decision the Board accepted that the long-term benefits of the scheme would outweigh the short-term impacts of construction.

5.3.9 Mr. David King – Transport Planning Manager (RPA)

Cost Benefit Analysis

This includes: -

• An economic appraisal, including a cost benefit analysis, was carried out for LUAS BXD to determine whether the proposed scheme delivers value for money for the investment required. The economic appraisal also tested the robustness of the proposed scheme under different scenarios to reflect the main risks and economic benefits forecast for the scheme, in particular the stark economic difficulties facing the country.

• An individual cost benefit analysis is not appropriate for each business along the alignment of the proposed scheme.

• The Common Appraisal Framework of the Department of Transport requires that an assessment of the dis-benefits arising during the construction phase be carried out. This should include impacts on the operation of other transport operators and also an enumeration of the businesses that may be affected by reduced access/egress.

• As the CTMS is based on ensuring accessibility to all premises during the construction phase of the proposed scheme coupled with a co-ordinated communications strategy there were no additional costs relating to businesses included in the economic appraisal for the proposed scheme.

• The economic appraisal of LUAS BXD shows a very strong economic case for the scheme.

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• The scheme would be expected to generate significant wider impacts, thereby increasing conventionally measured benefits, mainly in the form of enhanced productivity derived from agglomeration economies.

5.3.10 Mr. Parlo Carbone – Power and Systems Manager (RPA)

Overhead Conductor System (OCS)

This includes: -

• There are two different approaches for providing alternative means of powering light rail vehicles:

(i) Continuous power supply, other than OCS, generally involving modified track, traction system and tram.

(ii) Energy storage on the tram with charging when the tram operates in sections provided with OCS.

• Only a few solutions have been proven successful in commercial service and these are the focus of the evidence.

APS – Third Rail

• Traction power transmitted to tram via collector shoes (captors) fixed to the under chassis of the tram. Power control boxes housing electrical switches located at 22 metres intervals along tramway in both directions of travel. Slides 1-3 refer.

• This is the system operated in Bordeaux, France, since 2003. The trams also have high capacity batteries designed to power the tram over short distances in the event of failure of the APS.

• The Bordeaux system was unreliable after opening and it was not until 2006 that problems were rectified. Problem areas rested mainly with power supply cables and poor drainage of switch boxes. There were also contact wear problems along the third rail.

• Bordeaux has also had problems with the operation of the system in snow conditions – see Slides 4 and 5.

• The evidence is that installation costs for the system are several times those for a conventional OCS system and that maintenance costs are approximately three times higher. The segregated nature of the Bordeaux system allows ready access without traffic diversions – this would not apply to LUAS BXD.

______PL29N.NA0004 An Bord Pleanála Page 130 of 274 • By design there are no sections in the Bordeaux system of energised third rail that span across road junctions or along longitudinal sections shared with significant volumes of other traffic. Therefore, the reliability of the system in areas of high traffic volumes is not proven.

• The assembly housing the third rail is much wider than the running rails and its surface is slippery in wet conditions.

• Removing snow/ice involves using a special de-icing fluid rather than salt which cannot be used because, in combination with water, it triggers short circuits.

• In Dublin days with snow have been among the busiest for LUAS patronage.

• Another problem in Bordeaux has been short circuits due to drink cans and other metal objects. It is now proposed to install brushes under the trams.

• The suitability, therefore, of APS for extensive shared running, as would be the case in Dublin, is not proven.

• LUAS trams are equipped with regenerative breaking – APS does not allow for this.

• Proposals for APS in other cities are limited and are not directly comparable to Dublin, particularly, in relation to shared running with high volumes of traffic.

• The APS is a proprietary system from one supplier (Alstom).

• The adoption of the system in Dublin would require the retrofitting of the entire existing LUAS fleet in order to retain efficient inter-operability.

On Board Batteries

• A possible solution where OCS needs only to be eliminated for short distances but is still retained on other stretches.

• The only installation in commercial service is in Nice, France. Tracks are segregated where this operates and trams are granted full priority at road junctions they cross in these areas.

• Starts and stops is a key determinant in defining the quantity of energy to be stored and the capacity/weight of batteries required.

• In Dublin City Centre the tracks would be shared with other traffic and there are numerous road junctions. It would be impossible to predict the number of start/stops due to slow traffic and congestion.

______PL29N.NA0004 An Bord Pleanála Page 131 of 274 • Rescuing broken down trams would be a problem.

• Reliability issues have arisen in relation to climate control in the battery housing.

• All existing LUAS trams would need to be retro-fitted with batteries and control drives.

• Other developing technologies are not yet proven in commercial service to an extent that would warrant their adoption for LUAS BXD.

5.3.11 Ms. Anne Kiernan – Chief Architect (RPA)

OCS Design Strategy

This includes: -

• Slides 2-5 illustrating the previous role for trams within Dublin’s historic city landscape.

• Slides 6 and 7 illustrating European precedents for the reintroduction of modern trams systems into historic city contexts.

• Slide 8 showing integration of new LUAS system at Heuston Station.

• Slides 10-12 showing existing building fixings.

• Slides 13-15 showing approach to pole design – itself an iconic element of LUAS architecture. A suite of poles which accommodate the various scenarios is proposed.

• For the full length of the alignment, RPA have considered from an architectural perspective, what is the most appropriate and best method of accommodating the OCS. In general, where narrow city streets are concerned, building fixings have been considered to be visually the most unobtrusive proposal. Building fixings may also be a practical solution where pedestrian volumes are high and footpaths are narrow. Where architecturally significant buildings are encountered, a cradle system is used to achieve the longest possible span, so as to minimise visual intrusion on the elevation. Where a consistent line of poles can be integrated with the streetscape, this option has been chosen. In a city as varied and complex as Dublin, it has been necessary to consider each street or space individually.

• Slides 16-24 showing examples of design approaches adopted along the route.

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5.3.12 Ms. Anne Lillis – Environmental Manager (RPA)

EIA Process and Consideration of Need for SEA

This includes: -

• To provide for the appropriate construction and operation of the proposed scheme and to ensure the protection of the environment, the following measures will be put in place: -

- All contractors will be required to comply with and implement the requirements and mitigation measures as set out in the EIS. - All contractors will be required to establish and maintain an Environmental Management System (EMS) in accordance with ISO 14001:2004 prior to construction works commencing. - The operating contractor will also be required to establish and maintain an EMS accredited to ISO 14001:2004. - As part of the EMS, a monitoring plan and programme will be developed and implemented by the contractor. This will cover monitoring such as noise, vibration, air quality and landscape where required.

• Revised tables and associated maps submitted for the Material Assets Archaeology and Cultural Heritage and Architectural Heritage chapters for the EIS to take account of numbering amendments to the Record of Protected Structures as included in the new Dublin City Development Plan 2011-2017 adopted since the preparation of the original EIS.

• Changes identified to the designation of three structures explained. Impact changes either none or slight.

• Following on the letter from the NTA, cumulative impacts, potentially arising from simultaneous construction of the Metro North, Dart Underground and LUAS BXD, is no longer an issue.

• St. Stephen’s Green is the location where there is most potential for cumulative impacts as a result of the three projects. There is also further potential for such impacts at Westmoreland Street and O’Connell Street where Metro North stops are planned.

• The co-ordination of works between Metro North and LUAS BXD would significantly mitigate the impacts that are of concern to the businesses that exist and operate in the city. However, in most instances due to the nature of construction works the cumulative impacts would be temporary and intermittent in nature. Implementation of the mitigation measures committed to in the EIS for each project will ensure that there are no significant cumulative impacts.

______PL29N.NA0004 An Bord Pleanála Page 133 of 274 • The SEA regulations do not apply at project level.

5.3.13 Mr. Michael O’Donnell – Barrister

This includes: -

• Accommodation/agreement has been reached with DCC re. 107 of the 109 conditions sought to be attached to the RO By DCC. DCC no longer require these 107 conditions to be attached – copy correspondence submitted which includes the terms of agreement between the two parties on a condition by condition basis.

• The two conditions where agreement has not been reached are Condition 2, in relation to the OCS system in the core city centre area, and Condition 3, in relation to the incursion into the central median in O’Connell Street.

5.4 Module 2 – Local Authority/Dublin City Council

5.4.1 Mr. Gerard Meehan – Barrister

This includes: -

• Confirmation of agreement between DCC and RPA re. 107 of the 109 conditions originally sought to be attached to the RO. DCC is no longer requesting the attachment of Condition 1 and Conditions 4 to 109.

• A request that Conditions 2 and 3 be attached to any grant of an RO.

5.4.2 Mr. Dick Gleeson – Dublin City Planner

This includes: -

Strategic Planning Context

• LUAS BXD is a key element of the Core Strategy set out in the Dublin City Development Plan 2011-2017 and which seeks to achieve a quality consolidated metropolitan area.

• LUAS BXD, much like Metro North and DART Underground, represents one of the most significant insertions into the city scape and, as such, urban design issues are of extreme importance.

OCS

• The alignment from Dawson Street to Parnell Square is of sufficient historical and urban design importance that an alternative power supply system should be incorporated such as does not require overhead cabling.

______PL29N.NA0004 An Bord Pleanála Page 134 of 274 • The LUAS BXD route passes through the key processional route of the city centre that includes some of the key set piece spaces and buildings of the city.

• College Green is the city’s most important urban space.

• Reference to Development Plan policies/objectives SC2/SC02 and to the draft Public Realm Strategy. In view of the critical importance of College Green it is proposed to pursue a major public realm redesign similar in scale and quality to the O’Connell Street improvement project.

O’Connell Street Alignment

• The commitment to reinstate O’Connell Street not just as the city’s main urban thoroughfare but as one of the grand streets of Europe as expressed in the O’Connell Street LAP has been given additional strength through the designation of the street as an ACA.

• The power of the O’Connell Street public domain relies on a symmetry and geometry consisting of widened pavements defined by tree planting and lighting and balanced by a central median of consistent width punctuated by the formal space of the GPO and the focal point of the Spire. The erosion of the median to the degree proposed will radically undermine the visual legibility and symmetry of the street.

5.4.3 Responses/questions Applicants/DCC

This includes: -

• Mr. Madden (DCC) confirmed that there is no specific traffic report in relation to the O’Connell Street alignment. DCC would have a “lighter view” of the amount of disruption to traffic in O’Connell Street than that foreseen by the RPA. While it’s accepted that the longer the tram stays out of the traffic lane the better for traffic, a shared arrangement would still result in an acceptable traffic environment. In the longer term, if it did give rise to problems, there are other measures that could be taken.

• Mr. O’Donnell (RPA) stressed that cost was not a significant factor in the choice of the OCS system. The wire free system simply cannot be provided (by reference to the evidence of Mr. Carbone).

• Mr. Kilfeather (RPA) stressed the issue of reliability to the LUAS system – no alternative to the OCS would provide this.

• Mr. Kilfeather (RPA) referred to the number of bus stops/movements that would have to be accommodated at the north end of O’Connell Street. The proposal is to provide the best possible environment for all public transport on the street, not just trams. RPA cannot seek reliance on possible future measures which may or may not bring about changes to the traffic regime.

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• Mr. Carbone (RPA) stressed that the choice of OCS is based on technical justifications.

• Ms. Kiernan (RPA) agreed with the importance of the city centre processional route. Design approach is to complement/enhance existing elements e.g. pole design specific to O’Connell Street. The GPO Plaza introduces a natural break to the axial nature of the street and there is an existing subtle change in character to the north end of the street. The proposed location for the change to the tram alignment as close as possible to the Spire is, therefore, the best location, from an architectural/urban design perspective.

• Ms. Kiernan (RPA) referred to the proposal to continue the pattern of pavement, trees etc. in O’Connell Street. Track in median to be raised to median level and track bed to be in granite, very similar to existing. Therefore, visual impact is minimised. There is a change from double row of trees to single row of trees – latter to be on grand scale and similar to trees in side pavements. Formal procession of groups of trees to be maintained. Street generally is not rigidly uniform (different building designs etc.). Existing taxi rank is an interruption and its removal will enhance processional form.

• Mr. O’Donnell (RPA) indicated agreement (Condition 8) re. College Green.

• Mr. Gleeson (DCC) referred to promenade role of the central median in design concept for O’Connell Street. O’Connell Street LAP sought to improve the north end of O’Connell Street and address the existing character change. Wire free system appears now to be possible option and if further consideration is necessary so be it.

• Mr. Madden (DCC) emphasised DCC’s favouring of public transport.

• Mr. Meehan (DCC) confirmed that DCC hadn’t adduced any evidence to counter that of Mr. Carbone but submitted that that evidence does indicate that wire free tram systems are operating in other European cities.

5.5 Module 3 – Public Bodies

5.5.1 Dublin Bus

5.5.1.1 Mr. Derry O’Leary – Strategic Planning Manager

This includes: -

• The number and location of bus stops and the minimisation of diversion of bus routes is essential to maintaining service levels for Dublin Bus.

______PL29N.NA0004 An Bord Pleanála Page 136 of 274 • Reference to the “Network Direct” project and the success of the College Green Bus Gate. As a result of the latter many radial bus routes are being merged to create cross-city services. Bus volumes through the bus gate are now of the order of 4,000 bus movements per day. Anticipated that operating hours of bus gate will be extended.

• An understanding of the traffic issues involved has been largely agreed between Dublin Bus, DCC and the RPA. Particular attention is being paid to locations where Dublin Bus has a significant number of busy bus stops. Proposals to minimise traffic access to Dawson Street and O’Connell Street are welcomed due to the importance of bus access to these areas. The O’Connell Street stops, already compromised somewhat due to the LUAS Red Line, are critical for access for shoppers/workers to the Henry Street area.

• Concern re-position of DCC re. the central median in O’Connell Street. It was understood that DCC had accepted that bus services had already been significantly impacted by the operation of the LUAS Red Line and that any further disruption north of the Spire would be minimised.

• Dublin Bus is/will be engaged with the Traffic Forum to develop a rolling traffic management plan supportive of public transport through the various phases of the scheme.

• Phasing of construction is critical to maintenance of bus services – the presence of construction sites from multiple projects at the same time in the city centre area would pose major challenges for bus services.

• Dublin Bus are represented on the working group to address the transport and design issues arising from the Grangegorman element of the scheme.

5.5.1.2 Responses/Questions Applicants/Dublin Bus

This includes: -

• Mr. Kilfeather (RPA) referred to current different traffic situation on O’Connell Street north of the spire by reference to a photograph (submitted) illustrating the number of buses on the street.

• Mr. O’Leary (Dublin Bus) stated that there is already a shortage of bus stops within the city centre area. Ideally stops for individual routes should be every 400-500 metres – in many cases the distances already exceed this. There has been an incremental drift of effective stops northwards on O’Connell Street so that there is now a large reliance on the stops at the north end of the street.

______PL29N.NA0004 An Bord Pleanála Page 137 of 274 5.5.2 DOEHLG (now DOECLG)

5.5.2.1 Ms. Catherine Desmond - Archaeologist

This includes: -

• Note National Monuments Service transferring to Department of Arts, Heritage and the Gaeltacht.

• Agreement reached re. most archaeological issues. An archaeological strategy document is to be prepared by RPA and this is a suitable approach for a project of this scale.

• Agree that in some instances the most practical method of archaeological mitigation is preservation by record, i.e. by archaeological excavation, except where the Minister is of the opinion that the site is of such significance that it be preserved in situ. Where excavation is to occur conditions specified.

• Agreed in principle with RPA that both temporary and permanent access to/ownership of lands at St. Stephen’s Green to be dealt with by way of agreement rather than through compulsory acquisition.

5.5.2.2 Responses/Questions Applicants/DOEHLG

This includes: -

• RPA will comply with all requirements of the DoEHLG as stated in relation to archaeology.

• RPA responses re. Architectural Heritage issues raised dealt with in relevant section of the EIS.

• RPA responses re. nature conservation issues raised dealt with in relevant sections of the EIS.

5.5.3 RPA Responses to Other Public Bodies listed for Module 3 (where applicable)

5.5.3.1 Waterways Ireland

This includes: -

• An assessment of the stability of the canal bank indicates no material impact arising.

• There is no encroachment into Waterways Ireland property.

• pNHA designation acknowledged in the EIS.

______PL29N.NA0004 An Bord Pleanála Page 138 of 274

• Navigation along canal during 1 March to 31 October not to be impeded.

• Access during construction to be made available for Waterways Ireland.

• Stockpiling etc. to be kept away from the Royal Canal as indicated in EIS.

• Boundary fence to Waterways Ireland lands to be maintained.

5.5.3.2 Iarnrod Eireann

This includes: -

• The phasing approach adopted was on the basis of consecutive implementation with Metro North construction commencing initially, followed by DART Underground and with LUAS Broombridge being last.

• The NTA has confirmed that over the medium term there is no realistic prospect of all three major projects proceeding to full construction at the same time.

• Agreement re. ventilation shaft (for DART Underground) at St. Stephen’s Green.

5.5.3.3 Inland Fisheries Ireland (IFI)

This includes: -

• Reference to relevant EIS sections re. impacts on water quality, surface water management and protection of fisheries habitat.

5.5.3.4 Dublin Docklands Development Authority (DDDA)

This includes: -

• The proposed scheme does not provide for full operational flexibility between the Red and Green lines, and hence a through service from the South City to Docklands, for reasons related to practical difficulties in providing two sets of connecting curves between the lines and is set out in the EIS. Even if these difficulties could be overcome such direct services would entail a reduction in frequency on current service provision to Docklands. The proposed scheme, providing for a single interchange at O’Connell Street, will provide for a higher frequency.

5.5.3.5 Bus Eireann

This includes: -

• The CTMS considers bus routings and bus stop locations during the works.

______PL29N.NA0004 An Bord Pleanála Page 139 of 274

• Traffic forum to be established.

• Phasing of works at Broadstone – DIT Stop and Broadstone Depot to ensure access to depot to be maintained.

• The CTMS maintains both routes used between Broadstone and Busaras as through routes.

5.6 Module 4 – Observer Submissions – General

5.6.1 Dublin City Centre Business Association Ltd. (DCCBA)

Submission includes letter from Mr. Tom Coffey, CEO, which raises a number of additional points to those referred to in the original written submission to the Board. These include: -

• Dawson Street Stop is unnecessary in terms of pedestrians alighting in St. Stephen’s Green or Westmoreland Street.

• Parnell Street Stop should be moved to north end of Marlborough Street and sunny north side of Parnell Street to be developed for restaurants etc., as Oriental Quarter Plans are put in place.

• There should be no encroachment into the central median on O’Connell Street as this space is required for pedestrians.

• Need to prevent over engineering at stops to avoid decline in footfall at adjacent shops.

• Concern re prospect of streets being dug up on a rolling basis for 15-20 years, including Metro North works.

• A 15 year RO is an affront to the constitutional rights of property owners.

• Concern re absence of a Cost Benefit Analysis (CBA).

5.6.1.1 Mr. Peter Sweetman

This includes: -

• Concern re. cumulative effects of construction in conjunction with Metro North on retail outlets – by reference, in particular, to example of Westmoreland Street.

• Development is premature viz. NTA letter.

• ECJ Judgement of 3 March 2011 re. EIA creates difficulties. S.I. Act amended Railways Act and the latter disregards the EIA Regulations

______PL29N.NA0004 An Bord Pleanála Page 140 of 274 (1989-2000). Relevant railways legislation only refers to contents of EIS – no reference, therefore, to Article 3 of the Directive (re. EIA). Therefore, no provision to carry out EIA.

• High Court judgements by Justices Kelly and Charlton require the Bord to make available information (such as EIA for Metro North) or admit that it does not exist. The Board did not and has never carried out an EIA.

• Nowhere in the application has the cumulative effects being assessed – example of three stops (LUAS BXD/Metro North/DART Underground) at St. Stephen’s Green.

5.6.1.2 Responses/Questions Applicants/DCCBA

This includes: -

• Mr. O’Donnell (RPA) stated that the entire application process is a part of the EIA. Board carried out EIA for Metro North and no party has sought to challenge this.

• Mr. O’Donnell (RPA) refers to the DCCBA’s unequivocal support for the scheme as indicated in their original submission to the Board.

• Mr. O’Donnell (RPA) stated that the ECJ judgement has no application to this process. All of the information required by the regulations and the Directive has been provided.

• Mr. Sweetman (DCCBA) states that there is no facility under the Railways Act for the Board to carry out an EIA.

• Mr. Sweetman (DCCBA) disputes Ms. Lillis (RPA) submission that there will be no cumulative effects in relation to the three projects.

• Mr. O’Donnell (RPA) states that the ECJ judgement is in ease of his submission. That case was brought in relation to the EPA/ABP dual function issue – this has no application to the subject case.

• Mr. Kilfeather (RPA) response includes: -

- Details of extensive consultations with DCCBA.

- Reference to Dublin City Council support for stop on Parnell Street.

- Dawson Street Stop is necessary to achieve access and integration to retail areas.

- The O’Connell Street median accommodates very few pedestrians.

- There will be no over-engineering at LUAS stops.

______PL29N.NA0004 An Bord Pleanála Page 141 of 274

- The distance from proposed O’Connell Street Stop to the existing Middle Abbey Street Stop is approximately 80 metres.

5.6.2 Mr. Peter Sweetman and Associates Limited

5.6.2.1 Mr. Peter Sweetman

This includes: -

• Reference to entitlement to lands at Pro-Cathedral. Family came into possession of lands in 1580. Lands given for development of Pro- Cathedral in 1830’s. Led to believe that he owns land from railings of Pro-Cathedral to the middle of the road on Marlborough Street. Has not researched title given that the project is unlikely to proceed.

• Reference to ECJ judgement re. Article 3 of the EIA Directive/exclusion of EIA Regulations from the Railways Act.

• Why necessity for 15 year permission. Let Minister decide which project is to be carried out.

• Concern re. absence of appropriate cost benefit analysis and the issue of sustainability.

• There is no law under which this hearing can be held – Board should state a case to the High Court under Section 50 of the Planning Act. Reference again to ECJ judgement re. EIA/Article 3 of the Directive.

5.6.2.2 Mr. Matthew Harley – Economist

This includes: -

• Need for independent and transparent CBA.

• Explanation of nature of CBA.

• Reference to “Outline Business Case”, heavily redacted.

• CBA prior to 2009 is out of date in context of current economic context.

• Where is analysis of alternatives as per DoF Guidelines.

• Absence of information re. internal rate of return (IRR).

• Assessment of impact in terms of carbon emissions should have been included.

______PL29N.NA0004 An Bord Pleanála Page 142 of 274 • Population and employment assumptions based on 2006 levels difficult to sustain.

• Assumptions re. completion of other projects no longer valid by reference to NTA letter.

• Why not an ex-poste analysis of existing LUAS lines.

• What were bus usage declines predicted by the model? What about pedestrian decline along the route?

• Query issue of “wider benefits”, including wider benefits of do-nothing scenario, other alternatives and issue of wider costs.

• Claim that no additional costs to business during construction have been included in the analysis because these will be balanced through future benefits is entirely untenable and not justified or costed.

5.6.2.3 Mr. Peter Sweetman

This includes: -

• By reference to CPO, there is nothing to show development is in the common good. 18 month notice to treat does not apply under the Railway Acts. If permission issued the RPA have 15 years to issue notice to treat and tie down lands for this period – this should be unconstitutional

5.6.2.4 Responses/Questions Applicants/Peter Sweetman and Associates

This includes: -

• Mr. O’Donnell (RPA) confirmed/indicated:

- That the RPA had written (in 2010) to Mr. Sweetman re land ownership issue at the Pro-Cathedral and are happy to deal with him on the matter if he can produce any evidence/information.

- That if the order is confirmed this merely authorises the RPA to acquire land so it is entirely appropriate to continue with the process. The authorisation is permissive, it does not require the RPA to acquire the lands.

- That any failure to transpose the Directive is a matter for the State not An Bord Pleanála. The EIS etc., has been carried out in accordance with the Directive and domestic law. The Board has power/duty to carry out EIA.

- That there is ample evidence that the proposed scheme is in the interests of the common good. In any event the test re CPO of land is

______PL29N.NA0004 An Bord Pleanála Page 143 of 274 whether the land is necessary for the project for which it is being acquired. The secondary test is it proportionate and the evidence is that in all cases the land take is limited to that which is needed (Ref. Clinton V. ABP).

- That the CBA is subject to an entirely separate process with the DoF and is not a matter for the Board.

- That the proposal is for a 10 year permission, 15 years only for Grangegorman. The RO application is not limited by 18 months or 3 years, it is subject to a separate piece of legislation. The Board is free to specify a time limit – the RPA would be requesting the times sought.

• Mr. Kilfeather (RPA) referred to Mr. Sheedy’s evidence re alternatives and role of NTA/Goodbody Consultants (Ref. NTA letter authorising RO application).

• Mr. King (RPA) referred to/confirmed/indicated: -

- Common Appraisal Framework of DoF.

- That there is significant information available re existing LUAS patronage.

- CO 2 emissions have been taken onto account.

- 2006 population/employment tests still regarded as pessimistic, hoping that the economy will recover. Also assumptions refer to 30 year period for the scheme.

- Wider impacts not included in traditional CBA for the base case.

- Audit of business case carried out independently. Benefits significantly outweigh costs in all scenarios.

• Mr. Clear (RPA) refers to 2010 Planning Act requiring a strategic approach based on targets rather than trends. Targets for 2022 in the Regional Planning Guidelines indicate significant growth in the GDA and the metropolitan area.

• Mr. Sweetman refers to/states: -

- He would be satisfied for the RPA to include him as owner/reputed owner of the lands at the Pro-Cathedral.

- If project goes ahead without Grangegorman Stop that scenario has not been assessed.

______PL29N.NA0004 An Bord Pleanála Page 144 of 274 - There is no reference in the Railways Act to Article 3 of the Directive – Ref. Charleton v. An Bord Pleanála re “have regard to”.

• Mr. Harley (PS) refers to/states: -

- CBA is relevant to Board’s assessment and concept of sustainable development – Ref. Guidelines in the US.

- Ref. to NTA Website – LUAS BXD Outline Business Case.

- Assessment of alternatives should be part of evidence as presented.

- Assessment as presented does include wider impacts.

- Ex-poste cost/benefit analysis of existing LUAS lines should have been presented.

• Mr. O’Donnell (RPA) refers to/states: -

- The RPA has written to Mr. Sweetman re property ownership – if there is any evidence they would be happy to include him as an owner/reputed owner on the schedule.

- The value for money issue (CBA etc.) is not a matter for the Board, it is a matter for the DoF.

• Mr. O’Connor (PS) referred to the Board’s pre-application request for a CBA.

• Mr. Sweetman refers to the project not joining the LUAS Red and Green lines – the proposed interchange would involve changing trams and walking approximately 70 metres.

• Mr. Sweetman queries the full duration of construction period in, for example, Westmoreland Street.

• Mr. O’Donnell (RPA) explained rolling, on/off, nature of construction programme through different phases of the construction.

• Mr. Browne (RPA) explained that the construction works for the tracks on Westmoreland Street would take approximately 2-3 months. Mr. Sweetman referred to Harcourt Street experience. Mr. O’Donnell (RPA) referred to the Docklands extension being completed within the times specified.

• Mr. Kilfeather (RPA) referred to advances in technology since the Harcourt Street project, for example, in advance surveying/mapping of underground utilities and basements. He also referred to lessons learnt by all stakeholders in relation to traffic management.

______PL29N.NA0004 An Bord Pleanála Page 145 of 274

• Mr. Gillard (RPA) confirmed that Dublin City Council remains the Roads Authority and must approve traffic management plans. Traffic Forum will be convened.

• Mr. O’Donnell (RPA) indicated that the applicants are bound by the documentation as lodged, including the core principles re access etc., in the proposed traffic management plans.

• Mr. Sweetman queried how many truckloads of waste are to be disposed off-site.

• Mr. Sweetman indicates that NTA letter does not state that all three projects will not be built, just that they will not be built concurrently. If the construction of LUAS BXD precedes Metro North how would the construction of Metro North affect the LUAS BXD line in, for example, Westmoreland Street where an open cut/cover station is proposed.

• Mr. Kilfeather (RPA) indicates that this could be achieved through the undertaking, within the LUAS BXD works, of enabling works/utility diversions associated with Metro North and certain elements (diaphragm walling and roof slab) of the Metro North stop construction, at Westmoreland Street. Thereafter, the Westmoreland Street Metro North stop would involve top down construction that could be carried out while maintaining LUAS BXD in operation. This is the type of flexibility to which the NTA refer.

• Mr. Sweetman states that this is not covered in the EIS. Mr. Kilfeather (RPA) refers to cumulative impacts as considered in the EIS (Chapter 18, Book 2). Mr. Sweetman indicates that this does not cover the issue in question.

• Mr. Sweetman indicates that it is not clear how the sequencing arrangement envisaged in the NTA letter can be dealt with.

• Mr. Sweetman referred to the noise nuisance from trams turning corners/sharp bends. Ms. Lillis (RPA) referred to on/off tram lubrication systems and to compliance, in the case of Harcourt Street, with noise limits. Mr. Sweetman indicated that averages within noise limits are not appropriate – the peak noise levels are what is relevant.

• Mr. Sweetman queried the requirement for SEA given the interrelationships between LUAS BXD, Metro North and DART Underground. Is it project splitting or is SEA required?

• Mr. Sweetman indicated that the Inspector should make an interim report to Board requesting referral to the High Court (Section 50 as amended) in relation to: -

______PL29N.NA0004 An Bord Pleanála Page 146 of 274 - The need for SEA for all of the various transport projects, taking account of the precautionary principle, they being all part of a programme.

- Need for the proposed scheme and alternatives (Ref. NTA letter).

- Project being either premature or unlawful.

- NTA letter being contradictory to RPA evidence of two projects (LUAS BXD and Metro North) in part being built together (Ref. Westmoreland Street).

• Mr. Sweetman submitted that: -

- Neither the application nor the NTA letter has any regard to the ECJ judgement of March 2011. The application should be withdrawn.

- The 2001 Act, as amended, disallows protected structure legislation – does this disallow demolition works from EIA (Ref. St. Stephen’s Green) – contrary to the Directive?

- There is an issue in relation to what is correct period for notice to treat under a RO? Re. Article 22 of Draft RO what is the start date? Ref. to Article 15.

- Works associated with another RO cannot be carried out under this Order – ref. to Westmoreland Street Metro North works.

- The period of 10-15 years for the CPO is unlawful or at least contrary to the principle of law and disproportionate. It is premature vis. NTA letter. Putting a blight on all lands for a period of 10 years.

• Mr. O’Donnell (RPA) response included: -

- Section 50 etc., to Planning and Development Act has no application to this case (Ref. Section 38 Railway Act). In any event none of the matters raised would be appropriate for the High Court.

- Ref. to Cartona Principle re. Board delegating functions to officers/experts etc. The Board itself does not have to carry out each and every assessment.

- The subject application is for a specific project. SEA as referred to is beyond the scope of this application.

- The application for the RO for LUAS BXD is the extent of the application before the Board.

- The period which the land can be acquired is determined on the basis of when a notice to treat is served. The appropriate period sought for the

______PL29N.NA0004 An Bord Pleanála Page 147 of 274 RO does not come into operation until the period for judicial review or other proceedings has expired. The Board can decide period. For most of the project a 10 year period to serve the notice to treat and to carry out the works is sought with a 15 year period for the Grangegorman section. There is no obligation to acquire all of the lands specified. Blight will not arise as there is very limited amount of private land involved. Major infrastructure projects do require time.

• Mr. Browne (RPA) refers to the finding of a reduction in noise at the Dawson Street/Nassau Street junction.

• Ms. Lillis (RPA) referred to 286,000 tonnes of excavated material and project requiring 285,000 tonnes for backfilling and that it is proposed to re-use as much material as possible.

5.6.3 Dublin Chamber of Commerce

5.6.3.1 Ms. Catherine McCabe

This includes: -

• Support for the LUAS BXD project.

• Need for integrated delivery of all T21 projects to achieve the network effect.

• Mitigation measures needed, as set out in original submission, so that the business environment is not hindered.

• Extensive engagement required with business community re. future traffic routing.

• Communications campaign required in advance of commencement of enabling works to ensure scale of disruption is communicated in a positive way.

• Marketing plan required to advise that the city centre remains fully accessible and open for business.

5.6.3.2 Responses/Questions Applicants/Dublin Chamber of Commerce

This includes: -

• Mr. Kilfeather (RPA) emphasised the importance of continued accessibility to the city centre through the construction period and of on- going engagement with the Dublin Chamber of Commerce in relation to these matters. Ms. McCabe (Dublin Chamber) confirmed that such engagement was taking place.

______PL29N.NA0004 An Bord Pleanála Page 148 of 274 5.6.4 RPA Responses to Other Parties listed for Module 4 (where applicable)

5.6.4.1 Irish Georgian Society

This includes: -

• Reference to evidence presented by Mr. Carbone re. OCS system and by Ms. Anne Kiernan re design strategy as previously presented.

• Furniture at stops in the city centre is to be modified to suit each location and is of high quality design.

• It is part of the agreed position with Dublin City Council (Condition 4b) that pavement clutter is minimised in historic public spaces.

5.6.4.2 Dr. Warren Whitney

This includes: -

• Acknowledgement of support/justification for the proposed scheme.

5.6.4.3 Donal O’Brolcháin

This includes: -

• Reference to evidence of Mr. Kilfeather re. issue of connection to LUAS Red Line as previously presented.

• Similar evidence to that presented by Mr. Kilfeather re. alternative alignment proposal.

5.6.4.4 Dublin City Centre Business Association (DCCBA)

This includes: -

• The Dawson Street Stop is an integral part of the proposed scheme to provide for convenient and ready access to the city centre.

• The Parnell Street Stop is preferred, over Marlborough Street, due to its proximity to the proposed Parnell Square East Metro North Station, the Rotunda Hospital and the cultural attractions of Parnell Square.

• Reference to previous evidence presented re. O’Connell Street central median.

______PL29N.NA0004 An Bord Pleanála Page 149 of 274 5.6.4.5 John Spain

This includes: -

• Reference to evidence of Mr. Carbone and Ms. Kiernan re. OCS system.

• Reference to Design Strategy (Chapter 7A EIS, Book D) and to evidence of Ms. Kiernan re. public realm.

5.6.4.6 Luke Gardiner Limited

This includes: -

• Reference to evidence of Mr. Carbone and Ms. Kiernan re. OCS system.

• Barriers, in stainless steel, are necessary at some locations for road safety reasons but their use will be minimised.

• Similar evidence to that presented by Mr. Kilfeather re. alternative alignment.

5.6.4.7 Dublin Chamber of Commerce

This includes: -

• Mitigation measures as set out in the EIS aim to minimise impacts on business.

• Permanent traffic management measures set out at Chapter 7, Book 2, of EIS and in evidence of Mr. Gillard.

• The results of the most recent CBA were presented in evidence of Mr. King. A redacted version of the Outline Business Case is available on the NTA website.

• By reference to NTA letter there is no potential for overlapping construction programmes.

• The CTMS (Chapter 7A, Book 2, EIS) and the evidence of Mr. Gillard set out the detailed traffic management measures for the construction period on a street by street basis. It would be inappropriate for any party other than the contractor to be responsible for the preparation of traffic management plans or for any other party other than the road authority to be responsible for their approval. A communications strategy will be in place.

• Extensive surveys should reduce the potential for unscheduled disruptions to utility services during construction. Where scheduled disruptions are required timing will be agreed with owner/occupiers of relevant premises.

______PL29N.NA0004 An Bord Pleanála Page 150 of 274

5.6.4.8 Dublin Civic Trust

This includes: -

• Reference to evidence of Mr. Carbone re. OCS system.

• Reference to evidence of Ms. Kiernan and to the Design Strategy in the EIS (Chapter 7A, Book 1) re. public realm, the issue of realignments and street furniture. The latter to be minimised as per agreement with Dublin City Council (Condition 4b).

5.7 Module 5 – St. Stephen’s Green

5.7.1 Ampleforth Limited – The Fitzwilliam Hotel

5.7.1.1 Mr. Ronan King – FCA ISHC

This includes: -

• Metro North, DART Underground and the LUAS BXD, both individually and cumulatively, will have major and potentially devastating implications for the Fitzwilliam Hotel and related businesses.

• In relation to Metro North the Inspector stated that the Board could reasonably have returned the original RO application due to serious deficiencies in the EIS. A similar conclusion may be warranted in this instance.

• The Fitzwilliam Hotel is one of only five 5 star hotels in the Dublin Region. It employs approximately 140 people and has bedroom capacity for approximately 240 people. The hotel has two restaurants, including the Michelin star accredited Thornton’s, three dedicated conference rooms with capacity for 140 people and a commercial underground car park.

• The hotel’s reputation and goodwill is totally dependent on the tranquil ambience and quality of service offered. Central to that service is the simple guarantee to guests of a good night’s sleep.

• The legally binding agreement with the RPA in relation to Metro North works, and which has been adopted as part of the Metro North RO, represents the maximum amount of impact which the hotel can tolerate without business being seriously undermined in economic conditions that are already seriously challenging.

• It was understood until recently that the RPA were willing to be bounded by similar conditions in its efforts to procure the LUAS BXD line.

______PL29N.NA0004 An Bord Pleanála Page 151 of 274 • Ampleforth Limited cannot accept the impacts now being proposed by the RPA specifically in relation to:

- level of noise emissions - routing of construction traffic

• The Board should impose appropriate constraints in relation to these matters.

5.7.1.2 Ms. Erica Casey, John Spain and Associates, Chartered Town Planners and Chartered Surveyors

This includes: -

• The bedrooms with views of St. Stephen’s Green are the premium rooms in the hotel.

• Copy of legal agreement with RPA in relation to Metro North construction works attached.

• The content of this agreement with regard to noise emissions and construction working hours may be breached by the LUAS BXD proposals.

• Any construction activity relating to LUAS BXD should be subject to the same limitations and obligations as provided for in that agreement.

• If LUAS BXD proceeds in the absence of Metro North the following conditions should be attached to the RO: -

1. During the enabling works and railway works phases on St. Stephen’s Green, both a lane of traffic shall be maintained from St. Stephen’s Green North to St. Stephen’s Green West and the existing drop off facility shall be maintained at all times outside the entrance to Fitzwilliam Hotel. Pedestrian access to the Fitzwilliam Hotel will also be maintained at all times.

2. Permanent pedestrian access, vehicular access and drop off access to the Fitzwilliam Hotel shall be maintained at all times during both the enabling works and the railway works without interruption.

3. Construction traffic will not at any time enter or exit the St. Stephen's Green Stop construction site from St. Stephen's Green West.

4. The RPA will ensure that the contractor(s) will not be permitted to park vehicles or plant/equipment in the public road outside the Fitzwilliam Hotel.

______PL29N.NA0004 An Bord Pleanála Page 152 of 274 5. An Environmental Management Plan shall be implemented in accordance with ISO 14001:2004 demonstrating that all the requirements and mitigation measures as specified in the railway order for Line BXD and/or construction and maintenance requirements in the RPA’s agreement(s) with its contractor(s) for Line BXD are managed and implemented.

6. The requirements of the EIS in terms of noise limit values with the addition that tools, plant or equipment which involve percussive processes shall not be operated before 08.00 a.m. shall be complied with.

7. During the construction and demolition phases, the proposed enabling works or railway works shall comply with the British Standard 5228 (Noise Control on Construction and Open Sites Part 1 Code of Practice with basic Information on Procedures for Noise Control).

8. No works shall be undertaken at night (22.00 to 07.00) where these works would cause noise limits to be exceeded.

9. Best available technology not entailing excessive cost in the selection of plant and best available techniques in order to minimise construction noise, vibration and dust shall be used.

10. Continual noise monitoring for the duration of the construction programme to include enabling and railway works shall be monitored at a suitable location at the façade of Fitzwilliam Hotel and the latest noise monitoring results shall be made available on a twice weekly basis to the General Manager at Fitzwilliam Hotel, St. Stephen's Green, Dublin.

All of the above conditions should apply in the circumstance of Metro North and LUAS BXD proceeding, with the following amendment of Condition No. 1: -

1. During the enabling works and railway works phase and up until the commencement of the railway works on St. Stephen's Green, both a lane of traffic will be maintained from St. Stephen's Green North to St. Stephen's Green West and a drop off bay shall be maintained at all times outside the entrance to the Fitzwilliam Hotel. Pedestrian access to Fitzwilliam Hotel will also be maintained at all times.

• In the context of no definitive confirmation of which project is/is not to proceed the applicants should be required to assess the worst case scenario of one or more of the projects being developed at the same time and the cumulative impacts that may occur. The impact of the projects being developed sequentially should also be assessed.

• No proper attempt has been made to examine the potential impact of the construction of the LUAS BXD on the vitality and viability of businesses,

______PL29N.NA0004 An Bord Pleanála Page 153 of 274 such as the Fitzwilliam Hotel. It is of particular concern to our client that the cumulative impact of LUAS BXD together with Metro North and DART Underground will have a significant detrimental impact on the ability of the businesses to survive the construction phase of these projects.

5.7.1.3 Responses/Questions Applicants/Ampleforth Limited

This includes: -

• Mr. O’Donnell (RPA) refers to the Metro North agreement and the fundamental difference between the Metro North scheme and the LUAS BXD scheme in terms of scale and impact, the latter scheme involving relatively minor works. The RPA has no intention of reneging on the Metro North agreement.

• Mr. Kilfeather (RPA) refers to: -

- The differences between the projects, for example, an order of magnitude difference in predicted noise emissions.

- No difficulty with suggested conditions except for Nos. 3 and 10 where only LUAS BXD proceeds and Condition 1 where both LUAS BXD and Metro North proceed.

- In relation to requirement for continual noise monitoring there are practical difficulties. Attended noise measurements as proposed are more suitable as to ensure no distortion from externalities (i.e. other noise sources etc.).

- LUAS BXD works will be a moving work site unlike Metro North which will be a fixed site at this northern quadrant of St. Stephen's Green.

• Mr. Gillard (RPA) refers to: -

- As part of Metro North the entire area of north/west St. Stephen's Green would be closed to traffic and this would continue in operation of the scheme. The agreement provided for an alternative drop-off bay for the hotel.

- If LUAS BXD proceeds in the absence of Metro North there would not be a requirement to close the whole area to traffic. The existing arrangements, with the exception of the taxi rank to the south side of St. Stephen's Green North, would be retained. In this scenario, during construction, due to road width restrictions, a haul route would have to be available along both St. Stephen's Green North and St. Stephen's Green West if existing traffic lanes/access is to be maintained in these areas as requested by Ampleforth Limited.

______PL29N.NA0004 An Bord Pleanála Page 154 of 274 - The volumes of construction traffic would be very low, approximately 1 two-way movement per hour.

- The requested condition 1 under the scenario of LUAS BXD and Metro North proceeding could not apply as the latter scheme requires the entire area to be closed off and the construction works for the former would be carried out within the Metro North construction compound.

• Mr. O’Donnell (RPA) refers to: -

- An assessment of the worst case scenario has been carried out in Chapter 18, Book 2 of the EIS.

- Liaison with all businesses to continue.

- The socio-economic impact analysis has been done in evidence of Mr. Clear.

- Construction noise levels, for limited periods only, will be generally comparable to background noise levels.

• Ms. Casey (Ampleforth) refers to: -

- Nature of difference between two projects understood.

- If LUAS BXD is relatively minor then there should be no difficulty in attaching conditions similar to those for Metro North.

- Periodic attended noise monitoring does not take account of breaches if these are missed.

- Traffic management conditions sought are as per Metro North agreement.

- Chapter 18, Book 2, EIS is not an adequate assessment of cumulative impacts and this was reflected in the Board’s request that this issue be dealt with in more detail. The NTA letter is only response and no further assessment is submitted.

- Mr. Clear’s evidence is general in nature and does not specifically address the Fitzwilliam Hotel.

• Mr. King (Ampleforth) refers to: -

- The noise acceptable to the hotel is 45 dba.

______PL29N.NA0004 An Bord Pleanála Page 155 of 274 - The status of the Metro North agreement if Metro North does not proceed.

- Access to be maintained throughout construction period.

• Mr. O’Donnell (RPA) refers to: -

- Practical difficulties with continuous noise monitoring re. external/other noise sources.

- The Metro North agreement envisages 10 dba higher noise levels (by reference to Metro North EIS) than is predicted for the proposed scheme.

5.7.2 Kildare Street and University Club

5.7.2.1 Ms. Erica Casey, John Spain and Associates, Chartered Town Planners and Chartered Surveyors

This includes: -

• Particular concern re the proposed turn back facility and hours of operation and noise impacts of the proposed compound.

• The club is one of twenty ‘distinguished clubs of the world’. It effectively operates as a hotel and includes 14 no. bedrooms. The principal public rooms, including 6 no. bedrooms are located to the front of the building addressing St. Stephen's Green. The building is a Protected Structure.

• The turn back facility has the potential to have significant impacts on the club and other buildings in the area and on the visual amenities of the area. There does not appear to be any overriding need for the facility and if there is an alternative location it should be investigated for such a utilitarian function.

• In relation to the construction compound, to be located directly opposite the club, no details are provided on hours of operation or potential noise impacts.

• Query whether the construction compound as proposed would be sufficient in the absence of Metro North proceeding.

• No detailed programme or methodology is provided in relation to the enabling works phase and which has potential for significant adverse impacts on the club.

• Working hours at St. Stephen's Green should be restricted to 9 a.m. to 6 p.m. Monday to Friday and 9 a.m. to 3 p.m. Sundays, Saturdays and Bank Holidays for noise reasons.

______PL29N.NA0004 An Bord Pleanála Page 156 of 274

• A condition should specify that the right turn from St. Stephen's Green East to Merrion Row be implemented prior to commencement of construction.

• A condition should require the maintenance of existing parking/loading areas on the north side of St. Stephen's Green North between Dawson Street and Kildare Street as now proposed by the applicants.

• The assessment at Chapter 18, Book 2 of the EIS does not give detailed consideration to the cumulative impact of the projects and in particular the ability of businesses to survive. The following possibilities should be considered.

(i) All three projects are constructed simultaneously.

(ii) LUAS BXD is constructed simultaneously with Metro North only.

(iii) LUAS BXD is constructed simultaneously with DART Underground only.

(iv) LUAS BXD proceeding in the absence of either DART Underground or Metro North.

• No proper attempt has been made to examine the potential specific impacts of the construction on the viability of businesses.

• Notwithstanding the comments from the NTA, there is still a possibility of one or more of the projects running consecutively. The impact of the projects running consecutively may be widespread and have a significant and lengthy impact on St. Stephen's Green over an extended period which could be as long as 8 years.

5.7.2.2 Mr. Brian Madden, O’Connor Sutton Cronin and Associates, Consulting Engineers

This includes: -

• None of the alternative routes examined in the EIS included a turnback facility.

• For a disabled tram to be accommodated at the turn back facility, as suggested, would result in the rescue vehicle blocking the LUAS line until it is decoupled.

______PL29N.NA0004 An Bord Pleanála Page 157 of 274

• Connolly and Heuston Stations, with the engineering link in place, would have the facility to stable disabled trams.

• A turnback facility could be located on the south side of St. Stephen's Green or within a widened central median in this vicinity.

• A turnback facility could be positioned down Nassau Street parallel to TCD.

• The Grangegorman Stop would also be a possible alternative location.

5.7.2.3 Responses/Questions Applicants/Kildare Street and University Club

This includes: -

• Mr. Kilfeather (RPA) refers to: -

- Need for flexibility/efficiency in operation of scheme – turnback required to facilitate timetabled turnback in the operation of services.

- Disabled tram facility is not only function.

- Also has function in regulating trams. - Evidence of Ms. Kiernan re. public realm extension at turnback area. Trees to be replaced.

- Heuston or Connolly Station options would not be suitable as engineering link to red line does not permit turnout in service and they would be remote from requirements.

- Location at St. Stephen's Green South would give rise to track geometry problems and impact on the National Monument. It would be on the wrong side of the St. Stephen's Green Stop and would not deliver the required operational flexibility required.

- The option of the median at St. Stephen's Green South would require turnouts through the junction and significant impacts on carriageway space. Would not deliver service options.

- The Nassau Street option would involve the removal of a significant number of bus stops, negate the expansion of pedestrian space at the Dawson Street junction. It would involve complex track geometry in context of significant pedestrian numbers in vicinity of entrance to TCD. Would not allow for service flexibility/interchange and is somewhat remote. Contraflow movements would also occur.

- The Grangegorman option would not meet with any of the requirements.

______PL29N.NA0004 An Bord Pleanála Page 158 of 274

• Mr. O’Donnell (RPA) refers to: -

- The hours of operation of the construction compound to be the same as scheme generally with perhaps an additional 30 minutes. Its function is primarily to facilitate workers preparations, clothing changes, sanitary convenience etc., offices and small plant.

- The compound is adequate to deal with construction requirements of the scheme.

- Cumulative impact assessment has been carried out. Now somewhat academic viz. NTA letter. There is no likely cumulative effects from the three projects.

• Ms. Casey (Kildare Street and University Club) refers to: -

- Condition to be attached re. working hours for construction compound.

- Worst case scenario cumulative assessment still required.

• Mr. Madden (Kildare Street and University Club) refers to: -

- Section 6.5.3 of the EIS refers to turnback facility as a refuge for a disabled tram. This is an engineering issue rather than an operational issue.

5.7.3 Peploes Restaurant, Basement 16 St. Stephen's Green.

5.7.3.1 Mr. Aidan McLernon, Cunnane Stratton Reynolds

This includes: -

• No. 16 is a protected structure. Peploes Restaurant is rich in character retaining many original building features following refurbishment in 2002 and offers a unique dining experience.

• The restaurant is opened 12 noon to 12 midnight 7 days per week and employs 54 people.

• Deep concern that the extensive construction period will repel tourists from this part of Dublin and materially affect the customer base that sustains the business.

• The proposed turn back facility located to the front of the restaurant should be reconsidered.

______PL29N.NA0004 An Bord Pleanála Page 159 of 274 • St. Stephen's Green is arguably the most visited feature in the State. Insufficient detail has been provided in relation to the proposed construction compound. Concerns re visual impact, impact on traffic and pedestrian movement and the recreational and amenity value of the park.

• Despite the NTA’s recent statement three major projects could be constructed simultaneously or consecutively with construction compounds at St. Stephen's Green.

• The car parking spaces at the proposed shunting area should be retained where possible.

• The proposed removal of the taxi rank at St. Stephen's Green North (24 spaces) is unacceptable.

• Impedance to pedestrians in the area during construction could undermine the viability of businesses.

• Sporadic dust generation has potential to adversely affect business – continual monitoring required.

5.7.3.2 Responses/Questions Applicants/Peploes Restaurant

• Mr. O’Donnell (RPA) refers to: -

- Acknowledgement of general support for development.

- 4 year construction period will not be continuous in the St. Stephen's Green area. Therefore, effective duration/impact much less.

- Proposed works are relatively minor and normal for a city centre.

- Commitment not to be present on site when work not being carried out.

- Noise levels barely audible above background level in vicinity of Peploes restaurant and well below British standard.

- Proposal will boost business in area on completion.

- Reference to slides/drawings already submitted re construction compound. Just basic site workers facilities to be provided.

- Turn back facility will improve the area and have very little visual impact.

- There is no proposal to store materials on the site.

- Dust to be dealt with.

______PL29N.NA0004 An Bord Pleanála Page 160 of 274

- Protocols in place for utility diversions that effect businesses.

- Not agreeable to suggested change for Saturday. Early start can give rise to objections.

• Mr. Kilfeather (RPA) refers to: -

- Slides/photomontages illustrate proposed construction compound.

- Turn back facility to provide for alternative service patterns as previously referred to. So proposed location is optimal.

- Parking spaces at St. Stephen's Green North no longer to be removed (Ref. Mr. Gillard’s evidence). Loading bay is not required to be removed.

- Taxi rank removal is to facilitate Metro North. It would remain if only LUAS BXD proceeds.

- Abundance of off-street car parking in St. Stephen's Green area. So any on-street loss due to turn back facility not significant.

- Construction stage consultation procedures (Ref. Mr. Browne’s evidence). Includes for regular updates, nominated personnel etc.

- Only a limited number of early construction starts envisaged. DDC generally do not permit this.

• Ms. McKiernan (RPA) refers to: -

- Improvements proposed for area in vicinity of turn back facility. Existing turn back at St. Stephen's Green West a good example.

- Extension of pedestrian zone in general area to be a benefit.

- Construction compound could be a small facility at distance of 20 metres from Peploes Restaurant.

• Mr. McLernon (Peploes) refers to: -

- Rolling nature of construction understood. Would welcome information on schedule of construction in the area.

- Earlier construction finish on Saturday would be significant re business.

- Support for St. Stephen's Green South option (between two lanes of traffic) for turn back facility.

______PL29N.NA0004 An Bord Pleanála Page 161 of 274 • Mr. O’Donnell (RPA) confirms that construction compound will be in place for duration of construction period.

• Mr. McLernon (Peploes) queried if single storey option possible for construction compound.

• Mr. O’Donnell (RPA) indicated that area for compound is currently bus parking area. If all required accommodation was to be at ground level then its area would be greater.

• Mr. Browne (RPA) referred to health and safety requirements for site workers and office needs as dictating floor area (4 no. mobile units). Overall height would be of the order of 5 metres.

5.7.4 James Adam and Sons Limited, 26 St. Stephen's Green and 13 Kildare Street.

5.7.4.1 Ms. Ann Mulcrone, Reid Associates.

• Reference to the unique and sensitive nature of the fine art auctioneering business that is James Adam and Sons Limited.

• Key issues are: changes to accessibility; loading and access; noise disturbance; environmental and visual impact; construction; site compounds in St. Stephen's Green; perception of blight in St. Stephen's Green due to construction.

• Road infrastructure projects often include detailed impact studies on individual businesses.

• The NTA letter means that there is now no certainty thus exacerbating potential for blight in the area. Analogy in relation to previous city centre road proposals that blighted areas for years.

• Reference to urban design studies by Jane Gehl in relation to the significance of environmental conditions for optional uses in the city context.

• Reference to significance of St. Stephen's Green to city. Real danger that extent/scale of construction projects planned will have overwhelming effect on business in the area – ref. map submitted by Mr. Gillard (RPA) of proposed site compounds for the three projects. Also reference to drawing of site compound – c.7 metres in height.

• Site compounds not included in description of the development. Therefore, they do not form part of the RO application. They do not comprise exempted development as they affect a national monument and protected structure.

______PL29N.NA0004 An Bord Pleanála Page 162 of 274 • The strategic objective in the Dublin City Development Plan in relation to the project does not override the local objectives specific to St. Stephen's Green (conservation objectives etc).

• The rationale for location of site compounds at St. Stephen's Green is fundamentally flawed. It appears to be based on open nature of Green. Alternative locations, less sensitive, must be available.

• Board to look specifically at evidence of Mr. Brian Madden (Kildare Street and University Club) re. turn back facility. Relocation would significantly mitigate construction impact on James Adam and Sons Limited.

• Access for fine art pieces is off the street to the front of the premises. Need specific provision for loading/unloading facility outside premises in context of encroachments on traffic management likely to arise from three projects. RPA are amenable to this and proposed traffic layout would facilitate such a loading bay – ref. Slide 16 of Mr. Gillard’s (RPA) submission. The proposed build-out could accommodate it and a condition is requested to require its provision.

• The location of the site compound on St. Stephen's Green would materially contravene the development plan zoning objective.

5.7.4.2 Responses/Questions Applicants/James Adam and Sons Limited

• Mr. O’Donnell (RPA) refers to: -

- Acknowledgement of broad support for the proposed development.

- Rolling nature of construction programme. Works similar to everyday construction activities in city centre. No continuous building site.

- Importance of liaising with business.

- Blight will not arise as result of the construction of the proposed scheme. Works are to public areas only, no buildings to be acquired.

- Land use/transport benefits arising from proposed scheme.

- The site compound will not be located within the National Monument (St. Stephen's Green) and will not involve removal of railings or trees. The compound will be 5.5 metres in height.

- Section 38 of Transport Act exempts works etc., connected to railway development approved as part of the RO. It is a statutory provision and subject to no limitations. Planning Act provisions not relevant.

______PL29N.NA0004 An Bord Pleanála Page 163 of 274

- Section 38(2) of the Act expressly disapplies Part IV of the Planning and Development Act 2000.

- Proposal is specific stated policy of the Dublin City Development Plan and is consistent with provisions of the plan.

- Impacts on business were considered by reference to all types/ranges of business likely to be effected.

• Mr. Kilfeather (RPA) refers to: -

- Turn back facility required at proposed location for operational reasons as previously outlined. Alternatives (re. Mr. Madden’s evidence) as previously addressed.

• Mr. Sheedy (RPA) emphasised the strategic importance of the proposed location for the turn back facility to the system as a whole. Also referred to tram as symbol of modern Dublin.

• Mr. Kilfeather (RPA) refers to: -

- Extensive nature of consultations undertaken.

- The location of James Adam and Sons Limited at c.70 metres from the nearest point of construction.

- Agreement that there is an opportunity for a loading bay to the front of James Adam and Sons Limited but that this is a matter for the Roads Authority, as it is outside the scope of the RO application.

• Ms. Kiernan (RPA) refers to: -

- Earlier evidence re care/attention to St. Stephen's Green.

- Compound would be approximately 100 metres from James Adam and Sons Limited premises. Not visually significant. Ref. to photomontages.

• Mr. Clear (RPA) refers to: -

- Evidence of Dublin City Planning Officer re Development Plan policies.

- Positive impacts of LUAS in terms of integration of land use and transport.

- Development Plan provisions re expansion of city centre retail cores.

______PL29N.NA0004 An Bord Pleanála Page 164 of 274 - Care for businesses has been a constant priority. 238 businesses identified as potentially impacted and consultation process generated submission from a certain number of these. No aid to Board to have viability assessments for each of the businesses identified. Economic climate has also changed fundamentally in recent times.

- Board’s decision re Metro North not to identify individual agreements – all agreements with individual businesses to have equal status.

- Commitments to access, liaison etc. CTMS a live plan subject to change/refinement. Commitment to ensure city stays open for business and to facilitate business operations.

- Proposal will be positive for business in general.

• Mr. O’Donnell (RPA) refers to: -

- Construction compound is covered by Part II, Article 5, of the Draft RO, ancillary structure, and a temporary landtake is referenced. Also addressed in EIS.

• Ms. Mulcrone (Adam) refers to: -

- Board should condition provision of loading bay. This is the most important consideration for James Adam and Sons Limited.

- The public notice is flawed due to absence of reference to construction compound. Could never have been envisaged that site compounds would be located on St. Stephen's Green by reference to the Development Plan (Ref. McGarry v. Sligo County Council).

- Uniqueness of St. Stephen's Green and its public realm – context for argument re. blight. NTA letter casts cloud of uncertainty and raises significant concerns in relation to blight.

- If only LUAS BXD proceeds then surely site compound could be located elsewhere.

- Individual socio-economic surveys would be helpful given the uniqueness of the St. Stephen's Green area.

• Mr. O’Donnell (RPA) refers to: -

- The McGarry case is not relevant to application or notice under the Transport Act.

- The public notice is extensive and specifies in general terms, as required, the nature of the works. Could not include each/every item

______PL29N.NA0004 An Bord Pleanála Page 165 of 274 of proposed works. Case of Halpin v. Wicklow County Council sets test as whether or not anyone has been misled. James Adam and Sons Limited have clearly not been misled.

- Relation of blight to impacts is not appropriate. Blight has specific meaning relevant to properties proposed for acquisition. This is not relevant in this instance. Overall impact will be positive.

• Mr. Clear (RPA) refers to absence of any prohibition on construction compounds in the city development plan. Urban infrastructure improvements carried out all of the time in cities.

5.7.5 RPA Responses to Other Parties listed for Module 5 (Where Applicable)

5.7.5.1 DEKS Limited (NcNally Opticians), 35-38 St. Stephen's Green/Boston College Ireland Limited, 42/43 St. Stephen's Green East/Ciaran McGrath, 22 St. Stephen's Green.

This includes: -

• NTA correspondence indicates that the construction of all three projects (Metro North/DART Underground/LUAS BXD) will not occur at the same time.

• Reference to EIS and evidence of Mr. Clear re socio-economic assessment and business impacts.

• An underlying principle of the CTMS is the maintenance of vehicular and pedestrian access to all premises throughout the works.

• St. Stephen's Green is an area of high existing noise levels. All contractors will be required to comply/implement mitigation measures as set out in the EIS and any conditions attached to the RO. All contractors will be required to establish and maintain an EMS in accordance with ISO 14001:2004.

• The issue of compensation, where applicable, is not a matter for the Board.

5.7.5.2 Bank of Scotland (Irl), 124-127 St. Stephen's Green West.

This includes: -

• RPA has no agreement in place with Bank of Scotland (Irl) Limited.

• No potential for cumulative construction impacts from the three projects as per NTA letter.

______PL29N.NA0004 An Bord Pleanála Page 166 of 274 • Reference to EIS and evidence of Mr. Clear re socio-economic assessment and business impacts.

5.7.5.3 The Stephen’s Green Hibernian Club, 9 St. Stephen's Green.

This includes: -

• Reference Chapter 6 of the EIS indicating that the entire city centre works would be undertaken within a 33 month period and the assumption that works would commence following completion of the on-street elements of Metro North and the commemorations associated with 1916 i.e. mid 2016. Evidence of Mr. Browne supplements this and sets out a programme for the entire project. NTA correspondence now relevant/government decision awaited.

• Requirement for SEA addressed in evidence of Ms. Lillis. To date An Bord Pleanála has held the position that SEA is not required for proposals at project level.

• Metro North will require the closure of a portion of St. Stephen's Green North between Dawson Street and Grafton Street to vehicular traffic resulting in the removal of taxi ranks on both sides of the street. An eastbound traffic movement for servicing purposes would be maintained, likely to operate similarly to that currently in effect on Grafton Street. If Metro North does not proceed the current on-street arrangements for access will pertain in this area, albeit with a reduced carriageway width.

• There are currently no dedicated loading or set down facilities in this area.

• The proposed scheme provides for loading facilities on Dawson Street just north of the St. Stephen's Green junction. The CTMS provides for a general traffic lane and a loading/servicing lane on Dawson Street.

• The CTMS provides that access to all premises and car parks will be maintained throughout the works.

• Reference to evidence of Mr. Gillard re pedestrian facilities at St. Stephen's Green North during peak periods.

• Reference to EIS and evidence of Mr. Clear re socio-economic assessment and business impacts.

• No potential for cumulative construction impacts from the three projects as per NTA letter.

• Assessment of alternatives carried out (Ref. Chapter 6 EIS). Route Option B would have significantly greater impacts on the urban landscape in terms of noise and would not offer a convenient linkage between the north side and south side retail cores.

______PL29N.NA0004 An Bord Pleanála Page 167 of 274

• Construction compound details set out in the EIS and in the evidence of Mr. Browne.

• Mitigation measures for construction dust are provided for in the EIS. Air/dust quality monitoring to be undertaken at locations agreed with Dublin City Council.

• Works will be typical of city centre construction activity – windows etc., will not be cleaned. Alternative means of ventilation/cooling not to be provided.

• Noise and vibration measurement will be undertaken at times of greatest construction activity to ensure compliance with levels committed to in the EIS. Results to be available on completion of surveys.

• In recognition of the age and importance of the building and in particular its fine internal finishes and plasterwork it is proposed that an internal condition survey of the building be undertaken by the Project Conservation Architect prior to commencement of any works in this area. The Club will be provided with the full survey upon its completion.

5.7.5.4 William Murphy/Rory Fitzpatrick, 11 St. Stephen's Green North/Europlan Insurances (Dublin) Limited, 11 St. Stephen's Green North.

Responses, where relevant, essentially repeat those set out under Sections 5.7.5.1 – 5.7.5.3 above.

5.7.5.5 Thomas Barry and Company Solicitors, 11 St. Stephen's Green North.

Responses, where applicable, also essentially repeat those set out under Sections 5.7.5.1 – 5.7.5.3 above.

Also includes: -

• As set out in the EIS the mitigation of vibration effects of works on protected structures comprises the undertaking of pre-commencement condition surveys in consultation with the Project Conservation Architect. These surveys will be used to inform the requirement for subsequent location of and appropriate limits for vibration monitors and crack measurements.

5.7.5.6 Salix Trust Limited, 6/7 St. Stephen's Green North.

Responses, where applicable, generally repeat those set out under Sections 5.7.5.1 – 5.7.5.3 and 5.7.5.5 above.

Also includes: -

______PL29N.NA0004 An Bord Pleanála Page 168 of 274

• There will be no blasting activities associated with the proposed scheme.

• Reference to evidence of Mr. Gillard that the proposed removal of 19 parking spaces and an 8.3 metre length of loading bay from the northern side of St. Stephen's Green North east of Dawson Street during construction is no longer necessary.

5.7.5.7 Irish Life Investment Managers (on behalf of owners of St. Stephen's Green Shopping Centre) and Royal College of Surgeons in Ireland, 123 St. Stephen's Green.

Also includes: -

• Access to the car parks via Glovers Alley will not alter as a consequence of the proposed scheme. Alterations to traffic management west of Dawson Street will arise from the Metro North scheme – if that scheme does not proceed the existing traffic flow regime would be retained.

• Potential disruption to trade is addressed in the socio-economic section of the EIS and in the evidence of Mr. Clear. The CTMS provides for maintaining access to businesses during construction and minimising impacts. Once operational the scheme will enhance the city’s retail environment.

• Future land use rights will not be impacted – reference to ‘Code of Practice for Works on, near or adjacent to the LUAS Tramway’ as currently operated by Veolia, the LUAS operator. This includes provision for permits for works in the vicinity of tramway infrastructure.

• Noise, dust, vibration mitigation measures as previously outlined.

• RPA will ensure that works are carried out in such manner as to not impede access to the shopping centre. Consultations will be carried out to develop a detailed access arrangement prior to commencement of construction. Liaison co-ordinators to be appointed as previously outlined.

• There are no structural impacts predicted for the St. Stephen's Green Shopping Centre. The proposed OCS fixings will replicate those already in place for the LUAS Green Line. Pre-installation surveys will be undertaken as before.

5.7.5.8 Treasury Holdings and Castlemarket Holdings – Various Locations

This includes: -

• Reference EIS assessment of impacts on basements. Full details of basement surveys and proposed utility diversions in vicinity of 32A

______PL29N.NA0004 An Bord Pleanála Page 169 of 274 Dawson Street discussed with Treasury Holdings and satisfaction expressed.

• Reference to evidence of Mr. Brown re utility diversions. In certain cases power outages to customers will be required. These planned outages will be managed by the utility owners, including notice to customers.

• Reference to operational and traffic management measures as outlined in the EIS. Phase 2 of the St. Stephen's Green Traffic Management Plan to be implemented by Dublin City Council will support the operation of the scheme.

• Reference noise assessment in the EIS. There is no requirement to alter proposed working hours.

• Reference Architectural Design Strategy, Chapter 7A EIS, and evidence of Ms. Anne Kiernan re public realm, including OCS fixings. Reference evidence of Mr. Carbone re alternative systems to OCS.

• Reference evidence of Mr. Gillard re retention of parking spaces and loading bay at St. Stephen's Green North during construction.

• The CTMS provides for the maintenance of vehicular and pedestrian access to all premises during the works and this will apply to No. 32A Dawson Street. A specific condition for this premise would not be appropriate. It may not be possible to provide a loading bay at the location requested during all phases of construction but loading facilities will be provided along Dawson Street at all times.

• Reference the CTMS as above. A specific condition requiring maintenance of access to College Street/College Green is not required.

• There is no existing set down/pick up facility to the front of the Weston Hotel. The 4 space taxi rank regularly experiences overspill. This rank is to be relocated to College Street west of the D’Olier Street junction.

• The stop platform at Westmoreland Street will be integrated into the existing pavement and pavement width maintained. The proposed alternative loading facility on D’Olier Street will be within acceptable walking distance of the Lafayette building.

• The ultimate traffic management regime on Westmoreland Street when Metro North is in place will provide for two traffic lanes with a left turning lane onto Aston Quay.

• In the operation stage it is projected that traffic volumes on Parnell Street decrease in line with a shift in traffic movements away from Parnell Street onto the parallel route of Dorset Street and Bolton Street. With the implementation of the operational traffic management measures at an

______PL29N.NA0004 An Bord Pleanála Page 170 of 274 early stage in construction, as set out in the evidence of Mr. Gillard, it is anticipated that construction will take place with a single lane of traffic in operation and that this will also afford the necessary level of access to all premises.

5.8 Module 6 – Grafton Street/Dawson Street/Nassau Street/TCD

5.8.1 Fitzers/Marco Pierre White Restaurant, 51 Dawson Street.

5.8.1.1 Ms. Anne Mulcrone, Reid Associates.

This includes: -

• Reference to the unique character of the Marco Pierre White restaurant offering affordable fine dining and contributing to the richness/diversity of the street.

• Submission includes video presentation by Marco Pierre White (copy on restaurant website).

• In last 19 months Fitzers has rebranded and invested in the premises with Marco Pierre White. Crucial to concept is creation of environment people want to sit in and a critical element of this is the street front entrance.

• There is a major difference between the terrace overlooking the street and the street and LUAS stop overlooking the terrace.

• The restaurant and the terrace in particular, are very sensitive to environmental conditions on the street.

• The intrusion of the LUAS stop would undermine the terrace.

• Relocation of the stop northwards could pump prime investment in vacant units.

• Socio-economic impact flawed – no details re local business needs. The stop would have a profound impact on the restaurant and result in the closure of the restaurant. Only option then would be change of use to take- away.

• Reference Jan Gehl studies re optional uses in city centres – importance of environmental conditions.

• Terrace includes screens, carpets, heaters etc. Contributes to good public life in the city. Reference to Jan Gehl and others in establishing evidential theories in relation to social behaviour.

• The terrace accommodates 28 people, of total restaurant capacity of c.100 seats. It’s the only terrace of its kind in the city. It’s the entrance and

______PL29N.NA0004 An Bord Pleanála Page 171 of 274 anchor of the restaurant and is the most popular part of the restaurant. Its success is predicated on the external environment. Concept based on La Coupole in Montparnasse, Paris.

• Not clear as to what the effect of the construction period on the restaurant would be – RPA had indicated that they would come back on this.

• NTA letter is of further concern.

• Diversion of utilities will take place over the area of the terrace resulting in immediate loss of 28% of revenue and 50% for overall business.

• Construction noise, dust and hoardings present more difficulties. The 68 dbl noise levels referred to by the RPA would be in excess of those necessary to sustain conversation.

• Dawson Street to be blighted for investment for considerable period.

• Concern re future on-going requirement to access utilities under the terrace.

• Concern re long term impact of LUAS stop on the terrace. Important to note it is not a coffee or smoking terrace but one designed for full meals/evening out/long stay with comfort and atmosphere.

• Queuing people at stop would invade the privacy of the terrace making patrons feel uneasy.

• Noise impacts from LUAS while breaking – high pitched tonal quality. Also bell operation approaching/leaving stop. Noise from people/ticket validator/speakers/canopy. Terrace would become unviable.

• Example of Jervis Stop cited.

• Existing design quality of terrace emphasised.

• Existing pathway width just 2 metres.

• An Bord Pleanála should clarify noise levels predicted for LUAS stop as exceeding that which is comfortable for sitting out.

• The stop should be relocated northwards on Dawson Street and there is an opportunity to do this along a stretch of currently vacant units that should lead to benefits. The cafes in this area have outdoor seating areas (coffee etc) but of a type that would not be impacted by a change in environment. The relocation would be no disadvantage to LUAS. Bus stops are already located at this location.

______PL29N.NA0004 An Bord Pleanála Page 172 of 274 • Reference evidence of Mr. Gillard and the CTMS rerouting buses from Dawson Street to Kildare Street. Therefore, principle of this rerouting is accepted. More ideal arrangement in long term would be to run trams on Dawson Street and buses on Kildare Street with consequential improved environmental conditions, particularly on Dawson Street.

• Important that utilities not be diverted to area within the terrace.

5.8.1.2 Ms. Geraldine Fitzpatrick, Director of Fitzers Group

This includes: -

• Details of background to business development and Marco Pierre White involvement in particular.

• LUAS stop will destroy business on the terrace.

5.8.1.3 Responses/Questions Applicants/Fitzers Restaurant

This includes: -

• Mr. O’Donnell (RPA) refers to:

- RPA not convinced that scheme will have any effect on the restaurant.

- No evidence to support claim that stop would lead to closure of the restaurant. In fact evidence on the street is to the contrary.

- Reference Ms. McKiernan’s evidence of European examples where restaurants operate successfully in vicinity of trams.

- Existing background levels of noise in Dawson Street are greater than predicted noise levels during construction and operation.

- Tram stops for only 30 seconds in context of existing daily flow of pedestrians past the premises.

- Dawson Street is currently heavily congested with traffic. LUAS scheme will remove much of this traffic and reduce noise levels.

- Width of footpath will be more than doubled away from the terrace. The validator machines, small structure and stop signs will be only structures to the front of the terrace.

______PL29N.NA0004 An Bord Pleanála Page 173 of 274 - Stop will create more attractive environment with significant footfall benefits.

- Dawson Street Stop is pivotal link in the city centre in providing access to the Grafton Street area.

• Mr. Sheedy (RPA) refers to: -

- Trams not a threat to civilised enjoyment of city life. They are not noisy and especially in environment of Fitzers. Generally they will not exceed 25 kph in this area. It is a slow running environment due to high density of pedestrians and sharing with other traffic. Also the alignment is straight so no noise or squeal associated with turning trams arises. Speed also reduces on approach to stop – there will be no screeching of brakes.

- Tram bell sound carefully chosen to be soft and it has become synonymous with acceptable sounds in the city. The use of the bell is limited to potential hazardous situations. Ticket validator sound is short beep only. Public address use is very limited related to out of schedule/emergencies.

- Trams have become acceptable and are predictable and people have become very relaxed with them – can be a danger due to the very quietness of the tram.

- Fitzers will be good for the tram scheme and vice versa. Across Europe trams complement very well thriving city centres including operating very close to high quality restaurants. Generally they give rise to traffic calming and an enhancement of all aspects of city life.

• Mr. Kilfeather (RPA) refers to: -

- Dawson Street as a very heavily trafficked street at present – it currently accommodates approximately 13,000 vehicles per day, including many buses. Bus stops located throughout street – total of six locations. Also parking facilities near Fitzers, taxi rank directly outside and a loading bay to the south.

- Dawson Street is part of the inner orbital traffic route within the city centre.

- Proposal involves widening footpath in front of terrace to 4.5 metres.

- The stop layout design is deliberately minimalist in recognition of the importance of frontage uses, including Marco Pierre Whites.

- The layout of the Dawson Street stop is complimentary to the Grafton Street improvement scheme planned by Dublin City Council and the

______PL29N.NA0004 An Bord Pleanála Page 174 of 274 location is perfectly situated for permeability via South Anne Street and Duke Street and the Hibernian Way during daylight hours.

- Traffic management measures will reduce traffic and effectively move inner orbital route out allowing for expansion of Grafton Street core and facilitating public transport.

- Alternative of parallel or lateral platforms considered for this area, i.e. between South Anne Street and Duke Street. This would not work because length of platform would not allow for necessary turning of vehicles into Molesworth Street/Duke Street i.e. service vehicles. Also turn to Dawson Lane no longer possible due to interference with pedestrian movements.

- Option at north end Dawson Street also considered. 37 bus routes use this part of the street; therefore, best option would be an island platform. Conflict with bus stops would arise. Buses only to be moved off street for construction period. Dublin Bus sees Dawson Street as very important for bus access.

- Option of stop location to front of Mansion House also considered but rejected due to interference in that space.

• Ms. McKiernan (RPA) refers to: -

- La Coupole Paris. Screen to terrace introduced with increase in car traffic and increased in size overtime. Recognised that external environment influences operation of the terrace.

- Dawson Street public realm quality is currently reduced by traffic, poor state of footpaths, road surface etc., location of taxi rank. Narrow footpath currently reduces privacy of terrace and existing screens allow a view in but not out – frosted at seated eye level.

- Proposed scheme will improve quality of public realm. Quality finishes proposed.

- Validator machines do not generate queues. Vending machines at far end of stop from terrace.

- Retail environment extension to Dawson Street will be major benefit.

- Removal of taxi rank will also be major benefit.

- Essence of light rail is the mix with people in high quality urban environments. European examples including café/restaurants interacting with trams.

• Mr. O’Donnell (RPA) refers to: -

______PL29N.NA0004 An Bord Pleanála Page 175 of 274 - Utility diversions proposed at Fitzers. Works extend c.500 millimetres into the existing seating area with additional space required to facilitate working.

• Mr. Kilfeather (RPA) refers to: -

- Utility work diversions likely to involve of the order of 3 days for each of three sets of utilities at this location so that a total work period of 9/10 days to 2 weeks is envisaged.

Individual utility works not likely to be undertaken together.

• Mr. Browne (RPA) refers to: -

- Generally one particular utility would be diverted/reinstalled and the terrace would be reinstated afterwards. The other utilities would be similarly dealt with at different times.

- It appears from the drawing there may not be any permanent works directly under the terrace, the utilities involved are likely to be diverted to just in front of the terrace but with incursion into the terrace required to facilitate the works.

- There appears not to be any valves or chambers within the terrace area so that on-going maintenance access to this area is unlikely.

- Final reinstatement works likely to be conducted as part of stop construction.

- Even if stop not located at this point utility diversions would still be required.

• Ms. Mulcrone (Fitzers) refers to: -

- There being no objection to principle of the LUAS or its alignment on Dawson Street. Entire objection refers to the stop.

- RPA do not appreciate objections and are presenting a fait accompli.

- RPA slides of completed scheme do not show traffic, buses, stops etc.

- European restaurant examples generally cited by applicants not comparable i.e. not long stay restaurants. Look at Jervis Street Stop queuing.

- Dawson Street will be free for all with buses, traffic and trams.

- Dawson Street is about café society rather than mainstream retail.

______PL29N.NA0004 An Bord Pleanála Page 176 of 274 - Alternative of stop opposite the Mansion House deemed unacceptable – why? as LUAS considered as a symbol of the city.

- Alternative of stop at north end of Dawson Street rejected due to failure to make strategic decision for city. It is not acceptable to reject it because Dublin Bus will not wear using Kildare Street. Location would be compatible with operational efficiency. It would facilitate permeability to Grafton Street via Duke Street – current proposal places stop at Hibernian Way which offers access only during opening hours and is, therefore, less permeable.

- Kildare Street route for buses would be more efficient and provide for better public transport penetration for city as a whole.

- People tend to stand to rear of LUAS stops where buildings etc., offer protection – example of Jervis Street Stop.

- Screens at terrace have been changed to include frosting at the top to provide greater privacy.

- Dawson Street Stop likely to be one of busiest in the city so queuing is likely in combination with significant footfall on the street.

- Utility diversion works as described would be very unsatisfactory.

• Mr. O’Donnell (RPA) refers to: -

- Liaison with all businesses during construction to minimise disruption. Utility works could be done in a way to suit the business operator, including consolidated works if possible or over 24 hour period.

• Mr. Kilfeather (RPA) refers to: -

- The current 13,000 vehicles per day on Dawson Street will reduce to approximately 4,000 per day.

- The northern stop proposal would have operational difficulties – it would interfere with northbound servicing traffic accessing Grafton Street, the only access to that street, as the stop itself would be a shared running environment. Current design allows bus stops off the alignment at that point and allows for continuous running albeit shared.

- Buses have their market too – move to Kildare Street removes buses from their mass market centred on Grafton Street.

- The setting of the Mansion House would be compromised by a stop at that location. That option was for a southbound stop and still involved

______PL29N.NA0004 An Bord Pleanála Page 177 of 274 northbound stop at proposed location for reasons relating to traffic access to South Anne Street.

• Ms. McKiernan (RPA) refers to: -

- There are several relevant fine dining restaurant examples across Europe.

- Screens to terrace will work for people getting off the tram.

- The difficulties at the Jervis Street Stop are due to the undercroft of the building and are to be addressed.

5.8.2 RPA Responses to Other Parties listed for Module 6 (where applicable)

5.8.2.1 Irish Airlines Pensions Limited and AGS Republic of Ireland Pension Nominees Limited re 10/11 Molesworth Street and Jones Lang Lasalle re 10/11 Molesworth Street.

This includes: -

• Air/Noise/Vibration assessments and measures as per EIS.

• Construction works typical for city centre. No window cleaning proposed.

• Disruption to trade issues addressed in socio-economic assessment in EIS and in evidence of Mr. Clear. CTMS provides for access to business premises at all times and includes for co-ordination with operators.

• Traffic model indicates no significant impacts. Dublin City Council do not consider proposed changes to traffic management to be appropriate in the context of their overall traffic management regime.

• Proposed scheme likely to enhance property asset value.

• Delivery trucks exiting Grafton Street during construction will not pass 10/11 Molesworth Street – the existing route via St. Stephen's Green North will remain. Also with the right turn at the north end of Dawson Street remaining for most phases of construction there is not likely to be any increase in the volumes of delivery vehicles passing the premises.

• No restrictions in terms of future land use rights will arise in relation to 10/11 Molesworth Street.

5.8.2.2 Aviva Life and Pensions Limited – various locations

• Access and egress to/from the car park at the northern end of Dawson Street will be permitted.

______PL29N.NA0004 An Bord Pleanála Page 178 of 274 • Disruption to trade issue addressed as above (Section 5.8.2.1).

• The reference to ground floor property acquisition at corner Nassau Street/Dawson Street relates to a previous concept and is not part of proposed scheme.

• RPA to retain direct responsibility for communications during construction works, including appointment of area co-ordinators – Ref. evidence of Mr. Browne.

• Air/Noise/Vibration assessments and measures as per EIS. All contractors to comply and to establish an EMS.

• Planned outages to utility services will be managed by the utility owners in consultation with their customers.

• No window cleaning proposed.

• Structural surveys to be carried out prior to building fixings. “Code of Practice for Works on, near or adjacent to the LUAS Tramway” to apply.

5.8.2.3 Setanta Centre

Note: Response as per 10/11 Molesworth Street as set out above.

5.8.2.4 Irish Airline Pensions Limited and Irish Airline Pilots Pensions Limited re 18 Dawson Street/39-45 Molesworth Street.

Response similar to that in relation to 10/11 Molesworth Street as set out above.

5.8.2.5 ESCCU Credit Union, 55 Dawson Street.

• The intention is that the building fixing be placed on or close to the party wall between 55 and 56 Dawson Street with the fixing located on the façade of No. 56 (Drawings submitted).

• Prior structural survey to be carried out.

• Conservation architect to be engaged to advise on architectural heritage issues, including works to protected structures.

• Ref. EIS re vibration assessments – conclusion that highly unlikely that any construction vibration impacts on buildings within 50 metres of the scheme would result in cosmetic damage. Similarly, vibration impacts in operation are anticipated to be imperceptible.

5.8.2.6 Mr. John O’Connor, 26/28 Dawson Street.

______PL29N.NA0004 An Bord Pleanála Page 179 of 274

• The building fixing is to be located on the shared party wall between 28 and 29 Dawson Street.

• Following this clarification it is understood that Mr. O’Connor is satisfied with the proposal.

5.8.2.7 Royal Irish Automobile Club, 33-34 Dawson Street.

• Following consultations the main outstanding issues revolve around access during construction, noise and potential construction phase impacts on the operation of the business.

• Reference to EIS and evidence of Mr. Kilfeather re alternatives, including the option of a route via Grafton Street.

• Within the EIS reference is made to dominant landuses within particular land use areas. The evidence of Mr. Clear refers to the presence of private members clubs in the area.

• Noise/vibration mitigation measures detailed in the EIS.

• CTMS provides for access to be maintained to all properties, including the subject premises.

• Condition surveys of all properties that are protected structures or of architectural heritage interest to be undertaken.

• The EIS is not flawed.

• Sound insulation is not necessary.

5.8.2.8 Carluccios, 52 Dawson Street.

• Air/Noise/Vibration as per EIS. Contractors required to operate an EMS.

• No window cleaning.

• Details of utility diversions as per application drawings.

• Planned outages of utility services to be managed by utility owners in consultation with customers.

5.8.2.9 YVNO Retail Limited, 43 Dawson Street and 19A South Anne Street.

• CTMS provides for maintenance of vehicular and pedestrian access at all times.

______PL29N.NA0004 An Bord Pleanála Page 180 of 274 • Impacts on business addressed in socio-economic section of EIS and in the evidence of Mr. Clear.

• Air quality mitigation as per EIS. Contractors required to operate EMS.

5.8.2.10 John Morton Limited, 48/49 Nassau Street.

• Temporary traffic management measures on Nassau Street during construction will permit one-way traffic only in an eastbound direction.

• During construction works will be required across the full width of Nassau Street. Pedestrian and vehicular access will be maintained to all premises. Works will be phased so that a footpath will be provided on the southern side of the street at all times.

• Utility diversion works will incorporate best practice methods to ensure that leaks do not occur.

• During operation of the proposed scheme current traffic arrangements on Nassau Street, between Suffolk Street and Dawson Street, will be maintained. The existing loading bay on the south side of the street will be retained but shortened.

• On this section of Nassau Street pole supports are proposed except for the corner of Nassau Street and Grafton Street. The poles will be located on the southern side of the street only adjacent to the kerb.

• The building fixing to 2 Grafton Street/50 Nassau Street is as illustrated in the EIS. Prior structural survey/consultation will determine the suitability of the structure and the precise location.

• A building condition survey of the building prior to commencement of works is proposed.

5.8.2.11 Design Yard 48-49 Nassau Street

Response same as Section 5.8.2.10 above.

5.8.2.12 Appleby Jewellers Limited, Johnston Court, Grafton Street.

• Reference EIS and evidence of Mr. Gillard re construction management and communications strategy.

5.8.2.13 John Barron, Richard Alan, 58 Grafton Street.

• Reference EIS and evidence of Ms. Lillis re cumulative impacts. As per NTA letter there is no potential for overlapping construction programmes.

______PL29N.NA0004 An Bord Pleanála Page 181 of 274 • Impact on business addressed in socio-economic section of EIS and in evidence of Mr. Clear.

• There is currently no loading bay at the top of Grafton Street – loading on the street is restricted to period of 6.00 a.m. to 11.00 a.m. Reference to CTMS and evidence of Mr. Gillard re maintenance of service/delivery access during construction.

5.8.2.14 John Ronan Holdings.

• Reference EIS assessment re impacts on basements.

• Reference EIS and evidence of Mr. Browne re utilities. Planned outages to be managed by utility owner in consultation with customer.

• Reference EIS re operational and construction traffic management measures.

• Noise assessments indicate residual impacts only imperceptible or slight.

• Reference Architecture Design Strategy and evidence of Ms. Kiernan re public realm and OCS.

• A loading bay is proposed for Grafton Street/College Green.

• Response re Westmoreland Street – see Section 5.7.5.8 above.

5.8.2.15 Trinity College Dublin

• Access for construction traffic in the vicinity of the proposed Trinity Stop will be possible for a future development.

• CTMS will provide for access during construction, with works taking place on a staggered basis.

• RPA have provided Trinity with information relating to loadings from overhead line fixings to the structure of the School of Nursing on Hawkins Street and which confirms the suitability of the structure.

5.9 Module 7 – D’Olier Street/Burgh Quay/Hawkins Street

5.9.1 RPA Responses to Parties listed for Module 7

5.9.1.1 MF. Properties, re Aviation house 6-7 Burgh Quay and 13 Hawkins Street

This includes: -

• During both construction and operation access, pedestrian and vehicular access to be maintained to all premises at all times. Any restrictions

______PL29N.NA0004 An Bord Pleanála Page 182 of 274 during construction to be subject to consultation with owner/occupier of building to minimise disruption. Project community liaison officers to be appointed for construction phase.

• Structural survey to be undertaken prior to building fixing work.

• Temporary removal/relocation of building fixing facilitated at no expense to property owner. “Code of Practice for Works on, near or adjacent to LUAS Tramway” to apply.

• Where space is not available to accommodate utilities either side of the track alignment it is possible to construct crossings under the tramway.

5.9.1.2 David K. Anderson and Moira Anderson re 16½ D’Olier Street and 1 Hawkins Street (D’Olier Chambers).

This includes: -

• Financial analysis on business covered in socio-economic assessment in EIS and the evidence of Mr. Clear. Traffic management measures as described to ensure continued access also relevant.

• In relation to proposed building fixing a prior structural survey, with input from a Conservation Architect, will be carried out. This will be supplemented by a pre-works condition survey of the building, including elaborate plasterwork. Building fixings chosen rather than poles due to narrow footpath widths at this location.

• Protected structures have been given full and due consideration.

• A survey of the basement area has been carried out and acquisition of the cellar area, in whole or in part, may be required. Any impacts on the glazed pavement area will be addressed and pavement lights replaced as existing.

• There are no predicted impacts on buildings as a consequence of vibration. Precondition surveying will determine the requirement for vibration monitoring.

• Baseline noise surveys were undertaken, including a location at corner of Poolbeg Street/Hawkins Street. Construction noise impacts deemed to be of slight significance and operational impacts imperceptible.

• There will be no significant impacts from construction dust. All contractors will be required to operate an EMS.

• Carry out works on a street by street basis would be wholly impracticable and would prolong the construction phase.

______PL29N.NA0004 An Bord Pleanála Page 183 of 274 • The new bridge is subject to a separate approval and is not dependent on the proposed LUAS BXD.

5.10 Module 8 – O’Connell Street/Marlborough Street/Parnell Street/Parnell Square

5.10.1 Mr. Sweetman - Interjection

Includes: -

- Request to make submission within Module 8 in relation to his lands in this area.

- No previous submission.

- Mr. Sweetman previously advised RPA that he owned lands in Marlborough Street (associated with Pro-Cathedral). Also advised RPA that he had no intention of going to expense/spending time on searches etc., to establish evidence. Invited RPA to produce their evidence and they did not produce any.

5.10.2 Chartered Land Limited (CLL)

5.10.2.1 Mr. Christy O’Sullivan, ILTP

This includes: -

• The Dublin Central Scheme, combined with ILAC, will deliver a retail led quarter to the city with a combined 1,000,000 square feet of retail space. It will attract 20 million customers per year.

• The proposal to locate the OCS to the central median on O’Connell Street via column supports resolves the issues of concern raised in relation to connection to listed buildings and facades.

• The proposal to align the LUAS in the median on O’Connell Street is appropriate as are the efforts to maintain other modes of transport.

• As the O’Connell Street Upper Stop is aligned almost directly with the proposed opening from the Dublin Central Scheme to O’Connell Street it is requested that the impact of pedestrians crossing O’Connell Street and the protection of retail sight lines along the street is considered in determining the ultimate location of the stop, to include consultation with CLL.

______PL29N.NA0004 An Bord Pleanála Page 184 of 274 • An Bord Pleanála to make it a requirement that RPA liaise with Chartered Land in undertaking the LUAS project in order to co-ordinate construction of both projects.

• The Board should allow for flexibility to allow for future introduction of right turn from Lower Dominick Street to Parnell Street if such is deemed appropriate.

5.10.2.2 Responses/Questions Applicants/Chartered Land Limited

• Mr. Kilfeather (RPA) refers to: -

- 20 metre longitudinal deviation for stop location is allowed for but proposal as put is preferred option. Any changes would require input of Dublin City Council in first instance.

- Liaison with Chartered Land to continue.

- Some concern re right turn from Dominick Street Upper to Parnell Street but ultimately a matter for Dublin City Council as Road Authority. RPA would require that any such proposal would not impact on LUAS operations or compromise LUAS priority at the junction.

5.10.3 Mr. John Fitzpatrick, 92 – 94 Parnell Street and 59 – 60 Marlborough Street (Welcome Inn).

5.10.3.1 Mr. John Fitzpatrick

This includes: -

• Query: An Bord Pleanála role in enforceability of conditions; RPA exempt re construction noise under section 108 EPA Act 1992 as not a statutory undertaker for this purpose.

• Change to referencing re fixing of OCS to premises at 92 Parnell Street – issue dealt with satisfactorily by RPA.

• Re exclusion zones specified in Code of Practice An Bord Pleanála to instruct RPA that minor renovations, painting etc., to buildings be facilitated more easily by tram operator and without excess costs.

• The proposed technical cubicle to the front of the premises on Marlborough Street would have a negative impact on the property, effecting its development potential and value. The property frontage is approximately 12 metres so the cubicle would occupy approximately 40% of the frontage. Cubicles are generally 2.6 metres high by 3.5 metres wide and located close to or within line of sight of most LUAS stops. The subject proposed cubicle is 2.0 metres wide by approximately 4.0 metres

______PL29N.NA0004 An Bord Pleanála Page 185 of 274 long. No indication is given of height but similar existing cubicles are approximately 2.6 metres high.

• The location of the cubicle would contravene Dublin City Council zoning for the area which provides for mixed uses vertically and horizontally on street frontages. Also negative impact on visual amenities of area.

• In other areas less sensitive locations have been chosen for technical cubicles.

• The cubicle would also present a security risk in allowing for access over the existing wall.

• Dublin City Council P.A. Ref. 3553/10 – permission for doorway at premises subject to condition reducing doorway to facilitate the cubicle and requiring consultation with RPA/Veolia.

• Protocol to be established for service/utility works to ensure least disruption during construction. Suitable signage to be provided for businesses.

• Satisfaction with surveys carried out to basements.

• Access to be maintained and be enforceable.

• Repaving of Parnell Street should be extended to the south side of the street to junction with O’Connell Street to complete treatment to street and avoid partial upgrade as proposed. Could Dublin City Council undertake to do this?

• Monitoring re structural damage to Welcome Inn, given its age/previous damage/history etc., also required during operation of tram (turning corner).

• Currently used keg drop on Marlborough Street will be significantly affected during construction works – no provision in traffic management plan for loading bay on Marlborough Street. More appropriate location would be on Parnell Street at the defunct keg drop there although may be issue re OCS pole. This location would require significant modifications to the basement. Satisfied that RPA have been/are in negotiations to address this matter.

• Welcome for LUAS development into the area.

• Query issue of acquisition of basement in a licenced premise – triggers requirement for modification to licensed area with licencing authorities with associated legal costs. This should be taken into account by the RPA in that they should cover these costs also – confidence that they would do so.

______PL29N.NA0004 An Bord Pleanála Page 186 of 274

• Properties in probate so change to legal reference (any consequence for RO?). Informed RPA.

5.10.3.2 Responses/Questions Applicants/Mr. Fitzpatrick

• Mr. Stein (RPA) refers to: -

- Section 108 EPA Act 1992 is not relevant to Board’s consideration.

- De-licencing is a matter for Mr. Fitzpatrick to take advice on.

• Mr. Kilfeather (RPA) refers to: -

- Building fixing issue resolved, OCS pole now proposed on Parnell Street.

- Loading bay on Parnell Street could be possible subject to agreement with Dublin City Council.

- Veolia, as operator, are the owners of the safety case for the system, i.e. as approved by RSC prior to the commencement of the operation of the system. Relevant provisions provided for in Code of Practice (document on Veolia website). It is not a matter under the RPA’s control

- In relation to the technical cubicle generally look for locations not on main thoroughfares. Parnell Place very narrow and cubicle would restrict road vehicles. Alternative location not found. Proposal for Findlater Place, to west of church, rejected by Dublin City Council in context of their landscaping proposals for that space.

- Modification of the size of the cubicle is constrained.

- Design of cubicle, e.g. cladding, could be employed. If alternative location can be found, subject to property interests, the RPA are amenable.

- At Dominick Street the technical cubicle could be integrated into future development and a similar approach could be appropriate here.

- Option of east side of Marlborough Street, to front of Eircom building, considered to create greater visual intrusion.

- The OCS pole location removes any potential maintenance constraints for building.

- RPA agree to signage requirements etc., during construction.

______PL29N.NA0004 An Bord Pleanála Page 187 of 274 - Build out to footpath proposed at corner will extend to full length of Welcome Inn frontage – reference evidence of Ms. Kiernan (Slide 52). RPA happy to enter discussions with Dublin City Council in relation to remainder of street.

- Agreement to monitoring during construction for possible building damage.

• Mr. Fitzpatrick refers to: -

- Veolia safety zones apply even to non-live fixings, thereby extending the effective safety exclusion zone for access, maintenance etc. Mr. Sheedy (RPA) is working with Veolia to achieve a more pragmatic approach in this area.

- Proposed technical cubicle will be significant visual element on street. Parnell Place still considered suitable, cul-de-sac, no parking, number underutilised buildings. Location to southern end of Eircom building on Marlborough Street (building line indent) also more suitable.

5.10.4 Mr. Sweetman – Issue re. Ownership Claim at Pro-Cathedral

Inspector Comments: -

- No basis for further submission to hearing – full opportunity to raise issues previously.

- To take advice on matter over the break.

Mr. Stein (RPA): -

- Agrees with approach.

- May 2008 indication by Mr. Sweetman to RPA that he may have some proprietary interest in land on Marlborough Street in vicinity of Pro-Cathedral.

- RPA wrote to him by letter dated 25 th May, 2010 requesting information/details (reads letter into record). No response received.

- RPA search indicates no such property interest and no evidence has been submitted of same.

- Incumbent on Mr. Sweetman to put evidence before the hearing in relation to any property interest.

______PL29N.NA0004 An Bord Pleanála Page 188 of 274 - Mr. Sweetman is not referenced in the Book of Reference.

5.10.5 The Metro Bar, 155 Parnell Street.

5.10.5.1 Mr. Morris, Consulting Engineer.

This includes: -

• No access to cellar from Parnell Place, all deliveries from Parnell Street frontage – access to this with proposed stop in place will be extremely difficult. Deliveries come 3/4 times per week.

• Sewage problem, constant blockages at area where tram line is proposed.

• Building is approximately 200 years old and requires continuous maintenance – concern re impact and dilapidation survey required. Health and safety also an issue, including costs.

• Cellar will require de-licencing with attendant costs etc.

• Require access to Parnell Place at all times – access to car park in Metro ownership and yard for emergency exit.

• Query why shelter proposed for stop at Metro and none for O’Connell Street Stop on grounds of impact on street.

• Proposed stop should be centred away from front of Metro Bar. RPA have indicated location chosen due to curve on turn into Marlborough Street.

• Requirement for liaison officer during construction.

• No objection to location of technical cubicle in Parnell Place provided it does not interfere with access.

5.10.5.2 Response/Questions Applicants/Metro Bar

This includes: -

• Mr. Kilfeather (RPA) refers to: -

- Stop location determined by Parnell Place to east and a private access to west. It is not related to the turn to Marlborough Street.

- De-licencing costs can hopefully be dealt with by agreement.

- Delapidation survey will be undertaken given existing condition of the building.

______PL29N.NA0004 An Bord Pleanála Page 189 of 274 - There are existing bus shelters at the location so a stop shelter was considered appropriate and not considered to be visually intrusive.

- Liaison officer (RPA) to be available as was practice on recently completed projects. Issues to be dealt with would include loading/servicing of premises throughout construction.

- During construction some blockage of access to Parnell Place for a short period will be required due to its narrow width.

• Mr. Gillard (RPA) refers to: -

- Options for keg delivery would be loading bay to west of stop platform or the utilisation of Parnell Place which is used by other premises for keg delivery.

- Distance of 49 metres from loading bay to keg drop is not unusual in the city centre.

- Hatch to keg drop could be reconfigured to face loading area.

• Mr. Browne (RPA) refers to: -

- If works are required to the manhole on the sewer RPA will reinstate to working standard. Prior CCTV survey to be carried out.

- In relation to construction across access to Parnell Place a half plus half methodology might be possible. Arrangements to be made with local users.

• Mr. Morris/Client (Metro) refers to: -

- Stop will be main stop with trams running every couple of minutes in morning. Deliveries have to be taken between 7.00 a.m. and 12.00 midday. Query how 60-90 kegs can be delivered in this context from the distances proposed. Deliveries are the main issue of concern. How are pallets to be delivered? Delivery companies will not do it.

• Mr. Gillard (RPA) refers to: -

- There a number of similar instances on existing LUAS lines e.g. Wynns Hotel, Abbey Street. Facility for complete pallet drop could be provided.

- Keg deliveries in other areas, .e.g. Benburb Street, involve keg being rolled across the tracks.

______PL29N.NA0004 An Bord Pleanála Page 190 of 274

• Mr. Morris/Client (Metro) refers to: -

- Main stop platform in this case, query if such exists in Benburb Street.

• Mr. Gillard (RPA) refers to: -

- Parnell Street would not be suitable for rolling kegs across street but loading bay proposed on Parnell Place would be suitable.

• Mr. Morris/Client (Metro) refers to: -

- Takes an hour to effect a delivery.

• Mr. Gillard (RPA) refers to: -

- Other congested locations where delivery companies continue to deliver e.g. Temple Bar. RPA open to re-engage to explore options if necessary.

5.10.6 Dublin City Council re Technical Cubicle in Marlborough Street

5.10.6.1 Mr. Meehan, Dublin City Council.

This includes: -

- Dublin City Council has engaged with RPA on the issue.

- Proposal is regarded as least worst option.

- Other options considered; North Great Georges Street – not viable due to historic heritage of street; Parnell Place – considered too narrow with danger of van strikes; increase to size of Thomas Lane cubicle – considered acceptable; Findlater Place, adjacent bicycle stand – considered unacceptable, curtilage of church a protected structure.

5.10.6.2 RPA Response/Mr. Fitzpatrick Response

• Mr Kilfeather (RPA) refers to: -

- Agreement with position as outlined by Dublin City Council.

- Thomas Lane proposal would involve 50% increase in size of cubicle and impede access to adjacent doorway. Also cubicle needs as best as

______PL29N.NA0004 An Bord Pleanála Page 191 of 274 possible, to be within line of sight of stop. Not absolute requirement but desirable. Distance beyond 250 metres requires 90-100 additional cable runs to the location of the cubicle.

• Mr. Fitzpatrick refers to: -

- RPA has generally tried to decrease visibility of cubicles – Jervis Street and building to rear of Clery’s – cubicles to be integrated off the street. Proposed cubicle would be totally out of line with frontage.

• Mr. Kilfeather (RPA) refers to: -

- Footpath width is an issue at the Marlborough Street Stop. At the northern end of the street the road is to be narrowed and the footpath is to be widened.

- The cubicle could be incorporated into any future development of the site.

5.10.7 Q-Park Ireland Ltd.

5.10.7.1 Mr. James Maxwell

This includes: -

• Concerns re Setanta Car Park and Clery’s Car Park, Marlborough Street.

• In relation to evidence on impacts on businesses consideration of impact on access to facilities is neither specific nor implied.

• Welcome for Dublin City Council’s confirmation of provision of right turn to Merrion Row – this will go some way to alleviating negative impacts on access to the Setanta Car Park.

• Repeat concerns re proposed removal of right turns from O’Connell Street to Cathal Brugha Street and Parnell Street to Marlborough Street re Clery’s Car Park.

• Strong objection to location of construction compound on west bound lane of Cathal Brugha Street, immediately outside the entrance to Clery’s Car Park, thus blocking the proposed primary access route to the car park and reducing safety for existing traffic.

______PL29N.NA0004 An Bord Pleanála Page 192 of 274 • The west side of Cumberland Street North would be an alternative location for the compound.

• Restrictions to access could be further alleviated by allowing traffic travelling south on Parnell Square East to continue into O’Connell Street Upper and to access the Clery’s Car Park via a left turn onto Cathal Brugha Street.

• Private bodies should be included on the proposed Traffic Forum.

5.10.7.2 Responses/Questions Applicants/Q-Park

This includes: -

• Mr. Gillard (RPA) refers to: -

- Alternative access route suggested for Clery’s Car Park was not favoured by Dublin City Council.

- The construction compound could be moved slightly away from car park access subject to agreement with Dublin City Council but not significant scope for its relocation.

- Efforts can be made to mitigate sightline issues – set back/signage etc.

• Mr. Maxwell (Q-Park) refers to: -

- Disappointment at response.

- Compound is at worst possible location. At very least some lateral movement required.

• Mr. Gillard (RPA) refers to: -

- Scheme does provide for access to car parks to be maintained, signage etc., to be provided.

5.10.8 Rotunda Hospital

5.10.8.1 Mr. Sean Mahon, O’Connell Mahon Architects

This includes: -

• Agreement has been reached with the RPA in relation to construction stage that one of the two access gates to the hospital front car park and forecourt off Parnell Street will remain open at all times. This will include for fire tender access. As use of the eastern gate will be required for a short period

______PL29N.NA0004 An Bord Pleanála Page 193 of 274 the hospital has agreed to the temporary modifications to this access as proposed by RPA.

• The RPA confirmed that the available carriageway width along Parnell Street has now been modified to 6.1 metres; this will be sufficient for both the operation of traffic movements and will allow emergency vehicles to bypass if necessary.

• During Phase 2 of the utility works, the carriageway width will be reduced to 4.9 metres along Parnell Street. This is too narrow to allow an emergency vehicle to pass at all times and would not be sufficient for a fire tender to perform a right turning manoeuvre to access the front forecourt. As a consequence, it is agreed with the RPA that Phase 2 will further sub-divide into two phases (Phase 2A and 2B). This would allow additional space and manoeuvrability at this section of the road for emergency vehicles to pass and will also allow for fire tender access to the hospital.

• During Phase 3, when only the eastern entrance to the front car park will be available, cars accessing the front forecourt from Parnell Street (East of O’Connell Street) will have to make a tight manoeuvre to enter the car park. In order to allow for this it is agreed that the width of the eastern access widened during Phase 2 will be retained during Phase 3.

• The hospital is satisfied that the operational stage traffic impact of the LUAS Line BXD project on hospital operations can be mitigated through the following measures: -

- The pedestrian arrangement at the junction Parnell Street and Parnell Square will be changed, as the existing crossing will be relocated to the east to minimise delays at the junction of Parnell Street and Parnell Square West.

- A minor reconfiguration of the Rotunda’s internal car parking entrance layout (to allow for queuing on exit) will be required to reduce risk of Rotunda’s access/egress delays from two-way LUAS traffic.

• The Rotunda Hospital confirms that the noise level criteria set out by the RPA together with monitoring and mitigation measures proposed are acceptable, having regard to the current ambient background noise levels in the area.

• The Rotunda’s Engineering advisors have reviewed the maximum vibration levels predicted, and, having regard to the background levels are satisfied that the maximum vibration thresholds proposed for buildings, human response and sensitive equipment will not be exceeded within the hospital.

______PL29N.NA0004 An Bord Pleanála Page 194 of 274 • It is noted that vibration monitoring will be carried out during the construction phase by the applicant within and at the facade of the Rotunda Hospital and that this data will be made available to the Rotunda Hospital.

• It is agreed that in the event that vibration levels are exceeded that works will be suspended and control measures will be immediately implemented to prevent excessive levels recurring.

• The Rotunda and the RPA have agreed dust deposition monitoring will be carried out within the Rotunda site boundary, in advance of, during and for the duration of the construction phase of the works. Monitoring will be carried out using the Berghof method (German standard VD2119, 1972).

• It is agreed that in the event that excessive levels of airborne or deposited dust are detected that control measures will be immediately implemented to prevent excessive levels recurring.

• It is noted that the RPA will comply with the National Guidelines for the Prevention of Nosocomial Invasive Aspergillosis during Construction/Renovation Activities (compiled by the National Disease Surveillance Centre).

• The RPA has also agreed to incorporate specific measures in the contractor’s works specification in the vicinity of the hospital which are designed to mitigate the risk of infection from dust borne aspergillus arising from the works.

• The hospital shall nominate a person to the Contractor, to be called the Hospital Liaison, for the purposes of advising the Contractor in relation to the hospitals management of the risk to the patient.

• The Contractor shall maintain the site in a clean condition at all times, and shall not allow situations to arise in which cleaning will result in higher dust concentration than required or necessary for the proposed execution of the works.

• The hospital has reviewed the design for the proposed fixing of overhead lines to the building (a protected structure), and confirms that the proposals by the RPA for the fixing of overhead lines to the façade of the building in two locations identified are satisfactory.

• The Rotunda Hospital is pleased to confirm its support for the proposed LUAS BXD development.

5.10.8.2 Responses/questions Applicants/Rotunda

This includes: -

______PL29N.NA0004 An Bord Pleanála Page 195 of 274 • Mr. Kilfeather (RPA) confirms agreement with the Rotunda submission.

5.10.9 RPA Responses to Other Parties listed for Module 8 (where applicable)

5.10.9.1 Archdiocese of Dublin

This includes: -

• Meetings held between parties – agreement that concerns raised adequately addressed by RPA.

• Surveys confirmed basement does not extend beyond the colonade façade of the cathedral. Radar mapping did not indicate any basements beneath path on Marlborough Street.

• Pre-commencement condition surveys, with input from a conservation architect, to be undertaken.

• In addition to relevant EIS provisions the condition surveys will be used to inform the requirement for vibration monitors and crack measurements.

• The laying of the new watermain would be done in accordance with Dublin City Council specifications.

• CTMS requires vehicular and pedestrian access to all premises at all times.

5.10.9.2 Eircom Limited, Telephone House, Marlborough Street.

This includes: -

• Structural surveys to confirm suitability of building façade for OCS fixing.

• Reference EIS re vibration mitigation measures during construction.

• Monitoring of sensitive equipment to be carried out prior to construction. During construction vibration monitoring to be carried out at sensitive equipment and at the building façade. A liaison person will ensure good communication and notice of out of hours working will be provided.

• Utility diversions as per application drawings and evidence of Mr. Browne. Planned outages to be managed by utility owners in consultation with customers.

• Reference EIS re noise assessments. All contractors to comply with and implement requirements stipulated in EIS and to operate an EMS. Post- mitigation noise levels will likely exceed ambient levels for Telephone House but not limits specified in EIS. Construction noise will be intermittent and temporary.

______PL29N.NA0004 An Bord Pleanála Page 196 of 274

• Disabled parking bay to front of An Bord Pleanála building could be extended with agreement of Dublin City Council. Also noted that existing spaces on Marlborough Street to south of Cathal Brugha Street junction will be relocated to Cathal Brugha Street just west of the junction and this may offer improved accessibility to the Eircom building.

5.10.9.3 Patricia Duffy, 148 Parnell Street (Lucky Duffys).

This includes: -

• Intention is that mobility impaired parking spaces at 145-147 Parnell Street will be retained.

• CTMS provides for pedestrian and vehicular access to premises to be maintained at all times.

• Night time working, and therefore night time disruption, is not anticipated. Any such working would have to be agreed with Dublin City Council and the presence of sensitive receptors would be considered. Contractors to operate EMS.

• Building condition survey to be carried out prior to construction. Remedial works will be undertaken to repair any damage arising.

5.11 Module 9 – Dominick Street and Grangegorman

5.11.1 Residents of Palmerstown Hall Apartments, Dominick Street Upper.

5.11.1.1 Ms. Hobdell, Managing Agent.

This submission repeats the questions raised in the written submission to the Board (see Section 4.3.5.2 above).

5.11.1.2 Responses/Questions Applicants/Residents of Palmerstown Hall Apartments

• Mr. Kilfeather (RPA) refers to: -

- Pedestrian access will be maintained at all times during construction. Vehicular access will be curtailed at access for short periods but in consultation with residents to minimise disruption.

- Construction working hours as per EIS. Occasional out of hours to be notified.

- Noise levels during construction as per EIS. Monitoring to be undertaken and contractors EMS. Slight residual impact. Reduction to noise levels during operation due to reduction in traffic.

______PL29N.NA0004 An Bord Pleanála Page 197 of 274 - Bell used at drivers’ discretion for safety reasons only. Limits not appropriate.

- Window cleaning not to be undertaken. Construction works not unusual in city centre.

- Will be reduction of on-street car parking on Dominick Street. Possible opportunities on Mountjoy Street.

- Right turn from Western Way to Mountjoy Street is proposed.

- Prior survey of building to accommodate building fixing.

- Pedestrian access to be maintained along Dominick Street during construction and improved for operation. Sufficient width is not available for cycle lanes.

- Access to underground car park will be available, as now, during operation.

5.11.2 RPA Responses to other Parties listed for Module 9 (where applicable)

5.11.2.1 Mr. Malbasha, 24 Lower Dominick Street.

This includes: -

• RPA met with observers architects. Not accepted that fixing would interfere with appearance of building. Pre-commencement survey, with input from Conservation Architect, to be carried out to determine suitability for fixing.

• Not anticipated that there should be increased maintenance costs. Reference Code of Practice.

• Any damage to be repaired etc.

• Survey of basement provided to observers architect.

• Works will not impact on the lightwell to basement area.

5.11.2.2 Arnotts re 58-64 and 25-29 Upper Dominick Street.

This includes: -

• Concerns re car park addressed in traffic management scheme – proposed arrangement to minimise interference with two-way tram running on shared section of street. Mountjoy Street is logical termination point for shared running. Extending shared running as suggested would be confusing for car traffic not familiar with the area and would likely result

______PL29N.NA0004 An Bord Pleanála Page 198 of 274 in car traffic entering an area with requirement then to do a U-turn. The requested change, therefore, would not be satisfactory.

• Agreement has been reached in relation to the pole location.

5.11.3 Grangegorman Development Agency (GDA)

5.11.3.1 Mr. Gerard Casey, Project Co-ordinator.

This includes: -

• Reiteration of support for proposed scheme.

• Details of/background to Grangegorman project.

• Keen to advance access from Broadstone (Broadstone Gate).

• Project subject to SDZ Planning Scheme – draft plan to be considered by Dublin City Council in July 2011.

• GDA Strategic Plan 2011 now adopted (statutory).

• Ancillary facilities to be provided at Broombridge adjacent to LUAS terminus.

5.11.3.2 Responses/Questions Applicants/GDA

This includes: -

• Mr. Stein (RPA) refers to on-going co-operation.

5.12 Module 10 – Phibsborough and Cabra

5.12.1 Ms. Pat Magee 1, St. Peter’s Avenue/Residents of St. Peter’s Avenue.

This includes: -

• Appreciate wider benefits of proposed scheme.

• Residents of St. Peter’s Avenue have number of objections.

• Original proposal cited LUAS stop to north side of Cabra Road Bridge – this was much more acceptable.

• Difficulty with above cited as not being enough room under bridge for pedestrian walkway for access onto North Circular Road.

• Proposed location just under residents houses (on St. Peter’s Avenue). Proposal to curtail car access during construction.

______PL29N.NA0004 An Bord Pleanála Page 199 of 274

• Houses on St. Peter’s Avenue date from Victorian times. Separation distance to stop very small/cul-de-sac.

• Concerns re noise, vibration, unsocial behaviour.

• Parking not realistically possible on Cabra Road.

• Currently residents reverse onto avenue to park and to facilitate safe access onto Cabra Road. There would be conflict with LUAS passengers.

• Bridge very narrow for existing traffic (buses etc).

• Experience of residents of Mayor Street/Wapping Street (Docklands) during construction of docklands LUAS extension truly horrified us.

• Video of construction works in Docklands played. Comments included reference to: -

- Noise and dust, no water suppression.

- Working times, often outside normal working hours.

- Vibrations from piling.

- Water cut-offs without warning.

- Road blockages/closures.

• LUAS C1 construction period from residents’ perspective c.2 years.

• Docklands residents in District Court twice under Section 108 EPA Act 1992.

• St. Peter’s Avenue very quiet.

• Are Environmental Noise Regulations 2006 applicable to residents – future Action Plan?

• Is RPS exempt as statutory undertaker under Section 108(4)(B) of the EPA Act 1992? Reference Minister for Environment letter stating they are not.

• Need for independent community liaison officers.

• Request working hours: 8 a.m. to 6 p.m. Monday – Friday, 9 a.m. – 2 p.m. Saturday, no work Sundays/Bank Holidays.

______PL29N.NA0004 An Bord Pleanála Page 200 of 274 • Health safety also very important – serious concerns re radiation/stray electricity/static electricity overhead power lines/access for construction workers and materials/operational hours when in service.

• Code of Practice associated with Chemical Agents Regulations re dust/silicate to be taken into account/condition.

• Concerns re audio announcements/train bells/crowds associated with Dalymount Park, Mountjoy Prison or Mater Hospital.

• Mitigation measures may be; safety glass extending outwards over tracks; insulation by means of triple glazing, attic and outside walls.

• No buffer zone between residents and passengers.

• Vibration concerns re railway cutting retaining stone walls and proposed underpinning.

• Reference Notice under Section 107 EPA Act by Dublin City Council served on RPA re LUAS Line C1 in relation to noise.

• Should An Bord Pleanála decide to approve the RO then enforceable conditions re noise, vibration, dust and anti-social behaviour are required. Independent assessors re contractors and RPA required.

• Concern re devaluation of property.

• Note documentation submitted.

5.12.2 Ms. Catherine Leydon, 2 St. Peter’s Avenue.

This includes: -

• Concern re anti-social behaviour.

• Concern re parking/access arrangements to/from St. Peter’s Avenue and conflicts with LUAS passengers.

• Ample space for stop to north side of bridge.

• Existing high quality amenity value of St. Peter’s Avenue.

5.12.3 Cabra Road Residents Association

This includes: -

• Concern re visual impact – no illustration in EIS of overground structures proposed for stop. Lift shaft to have detrimental impact on views to/from Cabra Road.

______PL29N.NA0004 An Bord Pleanála Page 201 of 274

• Concern re parking arrangements for St. Peter’s Avenue during construction.

• No reasoned response as to why north side of bridge location is not suitable for stop. Bridge, a Protected Structure, has to be altered anyway (pedestrian tunnel access could be facilitated as part of this). This location would have least adverse impact on community. This side also more used by pedestrians on Cabra Road so widening footpath here would be of benefit.

• Problem of sewage pipes in cutting needs to be addressed – especially re No. 27 Cabra Road. Private pipe connections/alterations need to be subject to agreement with residents – public sewer runs length of cutting floor. Issue of access/maintenance to pipes. Pipes considered (by Dublin City Council) to be private but access only available by agreement with Irish Rail. RO should address this issue.

• Concern re structural condition of cutting retaining walls.

• Concern re noise during construction/working hours. Need enforceable conditions.

5.12.4 Responses/Questions Applicants/Magee/Leydon/Residents of St. Peter’s Avenue/Cabra Road Residents Association.

This includes: -

• Mr. O’Donnell (RPA) refers to: -

- Video as presented appeared heavily edited and is somewhat misleading. Some construction events not carried out by RPA. Noise recording simply relates to volume control on recorder used.

- Circumstances of St. Peters Avenue very different –workings in a cutting, limited utility diversions, not as much noise likely.

- With proposed scheme operational noise reduces due to reductions in traffic. Construction noise will be within acceptable limits.

- Occasional exceedences will conform to BS standards.

- Inconveniences during construction offset by ultimate benefits, access to LUAS, amenity of property/values to improve.

- Amenity issues raised, anti-social behaviour, indicative of city centre locations. Security on-line to be maintained. Location not a city centre context.

______PL29N.NA0004 An Bord Pleanála Page 202 of 274 - Re Section 107/108 of EPA Act. Not appropriate to deal with here – matter for jurisdiction of Circuit/District Courts. No proceedings taken to date re RPA have been successful.

- RPA will comply with all conditions. Some out of hours work necessary.

• Mr. Kilfeather (RPA) refers to: -

- Reasons for choice of stop location included (see enclosures).

o Achievement of good access to public transport generally – off North Circular Road at south end and Cabra Road at north end/bus routes, Dublin Bus and Bus Eireann.

o Access to residential catchments.

o Dublin City Council/NTA commented on first proposal to locate stop north of the Cabra Road. Both indicated preference to move stop location to currently proposed position.

- Soil nailing is required to stabilise cutting retaining wall. This would be needed even if no stop at this location. Work to be carried out from within cutting.

- Proposed pedestrian crossing on Cabra Road should improve safety in relation to car access/egress from/to St. Peter’s Avenue. Improved footpath widths are also proposed and a yellow box option is also possible.

- A complete upgrade of utilities within the cutting is proposed. The utility drawings do not pick up private drains but these will be included in the works.

- Prior structural surveys of houses at St. Peter’s Avenue to be undertaken.

• Mr. O’Donnell (RPA) refers to: -

- Liaison group to be set up with residents.

• Ms. Magee (Residents) refers to: -

- Loose/vague language of RPA.

- Benefits will not outweigh loss.

- Stop choice criteria not accepted.

- Devaluation will arise as residents live on top of stop location.

______PL29N.NA0004 An Bord Pleanála Page 203 of 274

- Not happy re anti-social behaviour issue.

- Pedestrian crossing does not control footpath.

- Vibration/noise rises out of cutting.

- Issues re siting of cables, lifts, ticket machines.

- Video (Mr. McDonnell) comprised snapshots for illustrative purposes. Volume issue does not affect issue of time (i.e. of working), dust etc. Some of the legal proceedings were successful – Section 108 is relevant to the residents’ rights.

• Mr. O’Donnell (RPA) refers to: -

- Obligation to provide appropriate and efficient public transport system.

- Concerns re construction impacts can be managed.

- Was existing rail line at location.

- Arguments re anti-social behaviour not accepted.

• Ms. Leydon (Residents) refers to: -

- Vandalism at every rail station.

• Ms. Magee (Residents) refers to: -

- Query if stop closed at night time?

5.12.5 Shandon Residents Association

5.12.5.1 Mr. Peter Murray

This includes: -

• The route of the LUAS should also incorporate a strategic pedestrian/cycle route. The Local Area Plan identifies the former Broadstone line as a railway track and a pedestrian track.

• There is a need for a rail station in Phibsborough and the alternative of routing the LUAS line through the centre of the village should have been considered. The EIS references the lack of plans by Irish Rail for such a station. The Local Area Plan includes a proposal for a rail station at Cross Guns Bridge.

______PL29N.NA0004 An Bord Pleanála Page 204 of 274 • Dublin City Council has removed the buildout at Liam Whelan Bridge and intends to provide cycle paths. This is satisfactory and removes the hazard for cyclists. Concerns relating to visibility at the junction with Shandon Crescent remain. A RSA is required.

• The previous submission was written in error in that it was based on an understanding that the RPA proposed to acquire the triangular plot to the rear of Mount Bernard Park and then hand it over to Dublin City Council. Clarification is required in relation to the RPA proposals for the area. Given that severance will result, the provision of the footbridge that is an objective of the Local Area Plan would be an appropriate compensatory measure.

• Others concerns are: -

- The use of ballast track that provides material for vandalism, stone throwing etc.

- The lack of proposals to upgrade Broombridge Mainline Station.

- The quality/prevalence of fencing in in the area.

- Proposed fencing at the Royal Canal Conservation Area would detract from its amenity value. Stonewall or detailed landscaping required.

- Community liaison re construction stage and on-going management of the depot area required.

5.12.5.2 Responses/Questions RPA/Shandon Residents Association

This includes: -

• Mr. Kilfeather (RPA) refers to: -

- Reference to evidence in Module 1 re alternative alignment with stop at Phibsborough (response to submission by Luke Gardiner). Reasons for ruling it out included proximity to GDA development. Great reliance for bus routes on Phibsborough Road and width restrictions rules this option out.

- Pedestrian/cycle facility would not be feasible. Residents had security concerns re accessibility in relation to this proposal. Width along alignment, especially at bridges, not available. In other areas additional landtake would be necessary.

- In relation to Liam Whelan Bridge the RSC require a Stage 3 RSA before opening of line. Stage 1 has not identified any issues. NRA Guidelines for RSA require that it be independent.

______PL29N.NA0004 An Bord Pleanála Page 205 of 274

- Pedestrian crossing at Liam Whelan Bridge will improve the situation.

- In relation to land to rear of Mt. Bernard Park this land is not referenced and the RPA has no proposals for same. RPA has engaged with CIE, DCC and DIT in relation to the area and are hopeful that proposals will emerge.

- Timescale for project a matter for Government.

- Ballast has a noise reduction quality and is very sustainable in drainage terms. Used on existing LUAS lines.

- Mr. Sheedy (RPA) indicates very few complaints re ballast track in terms of stone throwing to houses.

- In relation to Broombridge discussions with Irish Rail are on-going. Development should be a catalyst for improvement. Primarily issues for Irish Rail.

- Experience to date in relation to security has been positive. Infrastructure can be catalyst for change.

• Mr. Murray (Shandon) refers to: -

- Poor condition of area from Mount Bernard Park to Broombridge.

- Broombridge as only unmanned station, awful condition.

- Vandalism/stone throwing is a chronic problem in the area.

- Few opportunities in area to upgrade cycling/pedestrian facilities. Should be looked at further.

- Accept that RPA not directly responsible for land to rear Mount Bernard Park.

• Mr. O’Donnell (RPA) refers to: -

- Commitment to on-going liaison.

5.12.6 Joe Costello TD and Councillor Emer Costello

This includes: -

• Support for proposal. It should be prioritised over the other two major projects. What are the implications for LUAS BXD if Metro North is mothballed?

______PL29N.NA0004 An Bord Pleanála Page 206 of 274 • As per Phibsborough LAP pedestrian and cycle lanes should be incorporated.

• The proposal for a Phibsborough rail station is unanswerable as originally proposed by RPA.

• Support for residents’ concerns at St. Peters Avenue. Station will be very busy. Support for Shandon Residents Association.

• Concerns re vandalism/security in rail cutting.

• Poor conditions at Broombridge Station. Need overall environmental plan.

• Taxi ranks required adjacent to stations.

• 1916 Commemorations.

• Need for independent arbitration re issues at St. Peters Avenue.

• Support for Rotunda Hospital submission.

5.12.7 Dublin Cycling Campaign/Rail Users Ireland/Bus Users Society

This includes: -

• Importance of linking LUAS Red and Green Lines and that project proceeds.

• All points, signalling and junctions should be designed to allow full operational flexibility in all directions.

• Provision needs to be made for possible future extensions to the line.

• Revisions required to detailed design of several stops.

• Risk of buses being delayed by trams at the Dawson Stop.

• Could be useful if LUAS line was placed on west side of Marlborough Street to allow retention of some stops.

• Imperative to provide high quality pedestrian environment.

• Provisions for cyclists required.

5.12.8 Authority Combined Residents Association (ACRA)/National Transport Users Association

This includes: -

______PL29N.NA0004 An Bord Pleanála Page 207 of 274 • The major flaw in public transport is the radial system mainly via the city centre.

• The solution is to put a rim on the wheel.

• Link from O’Connell Bridge to the Green has major flaws.

• A short LUAS link from Fatima to the Green would ease the city’s congestion for many years.

• Diagram shows LUAS City Orbital Route – part of the Circle Plan as a solution to the city’s transport problems.

5.12.9 Kitale Limited

5.12.9.1 Mr. McGill, McGill Planning.

This includes: -

• No objection in principle subject to confirmation of: -

- Dimensions cited for acquisition are absolute.

- No buffer beyond the 10 metres horizontal substratum acquisition area within which proposed development might be prohibited.

- The vertical zone for acquisition is sufficient to allow for the continued existence and operation of existing buildings overhead during construction.

- There is no objection in principle to the construction of a basement within the 10 metre zone subject to agreements and ensured stability of station wall.

- There is no objection in principle to the opening up of the wall to allow access from a proposed basement to platform level subject to agreement.

5.12.9.2 Response/Questions RPA/Kitale

This includes: -

• Mr. Sheedy (RPA) confirmed that the above stipulations are acceptable to the RPA.

______PL29N.NA0004 An Bord Pleanála Page 208 of 274 5.12.10 RPA Responses to Other Parties Listed/included in for Module 10 (where applicable)

5.12.8.1 Greens, (Premier Cars), 294 North Circular Road.

This includes: -

• Meetings held with Mr. Spain on behalf of Premier Cars and position re soil nails clarified.

• Reference EIS re noise and vibration.

• Reference EIS re working hours. Advance notice re out of hours working. Liaison co-ordinator to be put in place.

5.12.10.2 John Gunning, 311 North Circular Road.

This includes: -

• Veolia is responsible for the management of security on the LUAS. The contracted security firm operates day and night.

• The entire LUAS network is covered by CCTV cameras and each tram is also fitted with them. There is a close working relationship with the Gardai.

• Veolia’s policy is to clean/maintain infrastructure to discourage anti- social behaviour. Stops are inspected twice daily.

• Veolia works with community and residents associations.

5.12.10.3 Dublin Cycling Campaign/Rail Users Ireland/Bus Users Society

This includes: -

• Full flexibility at all points, junctions etc., not possible.

• New rail station west of Broombridge being advanced – it is a mainline station.

• Future extension on St. Stephen’s Green North not precluded.

• Further extension beyond Broombridge would be possible – design of Broombridge stop allows for this.

• Canopy designs at Dawson Street and at other locations took account of heritage considerations.

______PL29N.NA0004 An Bord Pleanála Page 209 of 274 • Stop interchange with Metro North stop on Westmoreland Street is satisfactory.

• The location of the Grangegorman Stop is appropriate.

• Stairs at Phibsborough Stop is in accordance with Building Regulations Ramp at Cabra for disabled users.

• Moving Broombridge Stop closer to Broombridge Road would give rise to vertical alignment problems.

• Dwell time for LUAS Stop on Dawson Street is not significant in terms of bus delays.

• Alignment on Marlborough Street chosen to facilitate bus/traffic movements on the street.

• Junction Parnell Street/Parnell Square West will function properly. Cyclists accommodated.

• General approach to increase pedestrian facilities.

• Cyclists – discussions on-going with Dublin City Council, will be accommodated.

5.12.10.4 Deputy/Councillor Costello

This includes: -

• Cumulative assessment of three projects carried out.

• No difficulty in prioritising LUAS BXD.

• LUAS Green Line is partly within cutting.

• Project itself represents substantial community gain.

• EIS references all relevant plans. Phibsborough Local Area Plan indicates stop at proposed location.

• The importance of the 1916 Commemorations is recognised.

• Rotunda Hospital support confirmed.

5.12.10.5 Mr. Newtown/ACRA

This includes: -

• Proposals put forward relate to an alternative citywide transport plan.

______PL29N.NA0004 An Bord Pleanála Page 210 of 274

5.12.11 Irish Life Assurance PLC re Nos. 18-21 St. Stephen's Green North (Stephen Court)

5.12.11.1 Mr. Tom Phillips, Tom Phillips and Associates, Town Planning Consultants.

This includes: -

• Support in principle for the project.

• Unimpeded access to car park from Dawson Street is required at all times during the construction phase. Operational phase traffic management system in Dawson Street is complicated – need for clearly defined and logical access routes to/from car park, including signage.

• Cumulative impact of three Transport 21 projects has not been adequately addressed. Example, turnback facility and associated impacts on St. Stephen's Green in conjunction with DART Underground ventilation shaft.

• Uncertainty is now major issue/potential for blight etc. Impact on future land use and development rights.

• Need comprehensive traffic management plan for St. Stephen's Green in relation to three projects?

• Conditions requested re: -

- Access to car park. - Omission of turnback facility on St. Stephen's Green. - Public information and advertising strategy.

• Depending on permutations that arise 15 years of continuous construction could arise on St. Stephen's Green. This is not a short term impact and it has not been adequately assessed in the application.

5.12.11.2 RPA Response to Irish Life re Stephen Court

This includes: -

• Construction methodology can be applied to maintain car park access to Dawson Street. Utility works may give rise to some disruption but this can be managed between the parties to minimise any such disruption.

• Traffic management proposals are fully co-ordinated with Metro North. It is not complicated and should simplify current arrangements. Traffic reductions on Dawson Street should improve environment.

______PL29N.NA0004 An Bord Pleanála Page 211 of 274 • There is no intention to park up trams at turnback facility. Visual impact has been addressed in evidence of Ms. Kiernan.

• Cumulative impact – previously addressed.

• Agreement re need for marketing/advertising etc – Ref. Dublin Chamber of Commerce.

• VMS signage in city centre to be supplemented in accordance with agreed position with Dublin City Council.

5.12.12 Mr. Malachy Nugent, 5 St. Attracta Road.

5.12.12.1 Ms. Elizabeth Flavin

This includes: -

• Additional concerns include:

- Site of LUAS stop at back wall.

- Position and height of video camera and speakers.

- OHLE poles, height and location.

- OCS system.

5.12.12.2 Responses/Questions RPA/Nugent

This includes: -

• Mr. Kilfeather (RPA) refers to: -

- Details of distances to proposed stop.

- Noise levels during construction predicted to be below existing baseline levels in the area following mitigation. No increase to existing daytime levels during operation and only very slight increase at night- time.

- Vibration impacts likely to be very slight.

- Air/dust no greater than moderate impact.

- Rodents issue addressed in EIS. Acknowledged that there is existing problem. Contractor obliged to control/eliminate problem.

- Waste management – Reference EIS. Contractors to operate EMS.

______PL29N.NA0004 An Bord Pleanála Page 212 of 274 - Hours of operation as set out.

- Project, through increased surveillance, should improve security.

- No views possible from stop platform to observers’ property.

- CCTV pole approximately 6 metres high with camera fixed at approximately 4 metres. Camera operations to be restricted so as to not afford view of observers’ property or other properties. This facility commonly operated.

- Flora and Fauna – Reference EIS.

5.12.13 Ms. Teresa Feahney, 5 St. Peter’s Avenue.

5.12.13.1 Mr. Pat McGonagle, Solicitor.

This submission essentially repeats the written submission lodged with the Board – see Section 4.3.6.5 above.

5.12.13.2 Responses/Questions RPA/Feahney

This includes: -

• Mr. Kilfeather (RPA) refers to: -

- Baseline noise measurements on Cabra Road (No. 21) do not corroborate contention that St. Peter’s Avenue is very quiet location – Cabra Road is heavily trafficked route.

- Issue of alternative stop location previously addressed. Location to north of Cabra Road rejected. RPA’s preference originally was a for a stop at the proposed location – proposal to site north of Cabra Road was only considered because at that time it was thought there were engineering problems at the currently proposed location.

- Public consultation theme indicated support for proposed stop location.

- Construction noise will involve occasional exceedances over ambient levels. Cutting walls will provide attenuation. Walls need remediation even if no stop. Noise levels limits specified in EIS and monitoring will be undertaken.

- Vibration will be imperceptible or of slight significance only. Soil nailing involves 30 millimetre diameter nails to be input through rotary drilling causing no damage.

- Operational tram noise below background noise levels. Vibration imperceptible or slight.

______PL29N.NA0004 An Bord Pleanála Page 213 of 274 - Pre-commencement structure surveys to be carried out of St. Peter’s Avenue properties.

- Dust mitigation as per EIS, no greater than moderate significance.

- Vermin control, as previously set out.

- Pedestrian access will be maintained at all times during construction. Short restrictions will apply to vehicular access. Reference evidence of Mr. Browne.

- Acceleration/deceleration issue dealt within in EIS.

- Anti-social behaviour – as previously set out.

• Mr. O’Donnell (RPA) refers to: -

- Issue of property damage/compensation outside of scope of hearing.

- Disturbance during works subject to separate code.

- On-going co-operation assured.

• Mr. McGonagle (Feahney) refers to: -

- Subject property not represented by noise measurements referred to:

- Character of the cul-de-sac. Cross-section of the stop shows access opposite house and works at c.2 metres distances.

- Footfall change in the area will be significant.

- Query length of time for interruption to access and parking.

• Mr. Kilfeather (RPA) refers to: -

- Noise monitoring location is representative.

- Entrance to stop opens onto Cabra Road.

- Disruption to car parking/access approximately 2 weeks.

5.12.14 Mr. Sweetman - Interjection

• States that he did telephone RPA in response to their original letter.

• RPA indicated that they had checked the Land Registry – the Land Registry does not go back to the 16 th century.

______PL29N.NA0004 An Bord Pleanála Page 214 of 274 5.13 Closing Submissions

5.13.1 Dublin City Council

5.13.1.1 Mr. Meehan – Barrister

This includes: -

• Reiteration of Dublin City Council support for the proposed scheme.

• Reference to agreed position document with RPA – product of lengthy consultation process.

• Reference to outstanding issues – alignment on O’Connell Street and the OCS.

5.13.2 Ampleforth Limited (Fitzwilliam Hotel)

5.13.2.1 Mr. Spain

This includes: -

• Reference to the particular sensitivity of the Fitzwilliam Hotel in respect of noise generated during the construction period.

• Requirement for similar agreement as put in place in relation to Metro North.

• Reference to requested conditions relating to potential construction scenarios. Understood that RPA are agreeable to all of the conditions with the exception of noise monitoring and construction access.

5.13.3 RPA

5.13.3.1 Mr. O’Donnell

This includes: -

• Reference to importance of the project and planning context.

• Not a planning application – falls under Transport Railway Infrastructure Act.

• Railway Order authorises construction and use and operation. Section 43 matters to be considered.

• No issues raised re content or validity of Draft Railway Order or drawings.

______PL29N.NA0004 An Bord Pleanála Page 215 of 274 • No challenge to amount of land proposed for CPO.

• Reference to amended Book of Reference (previously submitted).

• EIS conforms to requirements. Alternatives, public consultation, impacts and cumulative impacts comprehensively addressed.

• Reference to NTA letter. EIA is an on-going matter.

• Reference to continued engagement with public.

• No basis for contention re continuous working for 15 years – rolling nature of work emphasised.

• Reference to track record on public realm.

• Evidence re OCS not contradicted.

• O’Connell Street alignment would not have a significant impact – will have positive benefits for north end of street.

• Dawson Street design carefully considered – also the case at Cabra Road.

• No opposition in principle to scheme.

6.0 ASSESSMENT

6.1 Introduction

6.1.1 The structure of this assessment is generally based on the approach adopted for the conduct of the oral hearing, that is, to deal firstly with a number of key high level issues, most of which were raised across several of the observer submissions to the Board, and then proceeding to address the more specific issues raised by individual observers and which generally are relevant to particular properties or areas.

6.1.2 In addition, and following on the requirements of Sections 53 and 54 Planning and Development (Amendment) Act 2010 and ECJ Case Ref. C-50/09, the assessment includes a discreet section addressing Environmental Impact Assessment (EIA).

6.1.3 I am satisfied that all of the main issues that need to be considered by the Board in assessing the proposed scheme have been raised in the various written and oral submissions received and that no other substantive issues arise.

6.1.4 It should be noted that the approach in the assessment is to focus on the principal substantive issues that are considered critical to deciding whether or not the Railway Order (RO) should be granted.

______PL29N.NA0004 An Bord Pleanála Page 216 of 274 6.1.5 The assessment is set out under the following headings: -

• The Proposed Scheme – Overview.

• Preliminary Legal and other Matters.

• Key High Level Issues.

- Alternatives. - Construction Phase/Impact on Business. - Traffic. - Overhead Conductor System (OCS). - Public Realm.

• Local Authority Submission.

• Public Bodies Submissions.

• Observer Submissions – General.

• Observer Submissions – Specific Areas.

• Environmental Impact Assessment (EIA)

6.2 The Proposed Scheme – Overview

6.2.1 The proposed scheme (LUAS Line BXD) is as described in Sections 1.1, 2.1 and 2.2.1 above.

6.2.2 By reference to the key strategic level policy documentation as referenced at Section 3.0 above I am satisfied that the proposed scheme is in accordance with Government Policy and with relevant planning policy. In particular, it is noted that the proposed scheme is a Transport 21 project and that, as part of a suite of Transport 21 projects that relate to the City of Dublin, it is supported in the current Dublin City Development Plan (DCDP) as a critical infrastructure project for the development of a sustainable city and the achievement of the core strategy of the plan.

6.2.3 I am satisfied that the proposed scheme substantially achieves the objectives for the project as identified in Transport 21 and as set out at Section 2.2.2 above. I am also satisfied that the related needs/objectives as identified by the RPA, and as also set out in that section, are appropriate and would be substantially met by the proposed scheme.

6.2.4 The design approach to the proposed scheme is set out, in particular, in the Architecture Design Strategy, included in the EIS, and referenced at Section 2.2.5 above, and in the evidence of Ms. Kiernan (RPA) as presented at the oral hearing (see Section 5.3.7 above). I am satisfied that the overall design of the scheme has been well considered and is of high quality and that, following on the example of

______PL29N.NA0004 An Bord Pleanála Page 217 of 274 the LUAS lines completed to date, the scheme would make a positive contribution to the urban fabric of the city.

6.2.5 In overall terms, therefore, I am satisfied that the proposed scheme is in accordance with the proper planning and sustainable development of the area. In this connection the Board should note that the vast majority of the observer submissions received by the Board indicate support for the scheme in principle. The strong support for the scheme from the Local Authority, Dublin City Council (DCC), is particularly noted.

6.2.6 In so far as the scheme includes proposals for the compulsory acquisition of lands or rights in, under or over land or any substratum of land, I am satisfied that the acquisitions as proposed are necessary and appropriate for the purposes of the scheme and to give effect to the RO. In this connection the Board should note that no substantive objections have been received to the proposed acquisition.

6.2.7 In relation to the issue of the timing of implementation of LUAS BXD in the context of Metro North and DART Underground the Board should note the contents of the letter from the National Transport Authority (NTA) to the RPA, dated 6 May 2011, a copy of which was submitted at the oral hearing (see Section 5.3.2 above). As indicated this letter states that it is now likely that only one of the three projects will be able to be progressed over the period of the new National Development Plan 2012-2016. As indicated by Mr. Sheedy (RPA) it is understood that it is the intention of the government to decide in the autumn on which project is to be prioritised.

6.2.8 This has implications, in particular, for the consideration of the issue of cumulative construction phase impacts (see Section 6.4.2 below).

6.3 Preliminary Legal and other Matters

6.3.1 Strategic Environmental Assessment (SEA)

6.3.1.1 Several of the observer submissions suggest that an SEA should have been carried out in respect of all three major infrastructure projects, i.e. LUAS BXD, Metro North and DART Underground.

6.3.1.2 The issue is addressed for the RPA in the submission of Mr. O’Donnell and the evidence of Ms. Lillis at the oral hearing (see Sections 5.3.1 and 5.3.12 above). I concur with the views expressed that SEA applies to plans (or programmes) but not at project level.

6.3.2 Operative Period for the Railway Order (RO), including Compulsory Purchase

6.3.2.1 This refers to the length of time allowed for under the RO for the necessary lands/rights to be acquired and for the scheme to be constructed. Several of the observer submissions suggest that the period sought is excessive and unreasonable – see, in particular, submission by Mr. Sweetman and subsequent questions/responses (Sections 5.6.2.3 and 5.6.2.4 above).

______PL29N.NA0004 An Bord Pleanála Page 218 of 274

6.3.2.2 Article 15 of the Draft RO submitted to the Board specifies, in relation to the bulk of the proposed scheme, a period of 10 years within which authorised construction works must be substantially completed. An extended period of 15 years is specified solely in relation to the possible Grangegorman Stop. Article 22 of the order provides for corresponding time periods in relation to the powers to compulsorily acquire land or rights over land.

6.3.2.3 Given the large scale and complexity of the project, with a construction timeframe of the order of 3.5 years, I consider that the 10 year period as described is proportionate and reasonable. It should be noted that the same timescale is provided for in the approved RO for Metro North and in the draft RO for DART Underground that is currently also before the Board.

6.3.3 Property Owners Protection Scheme (POPS)

6.3.3.1 As part of the Metro North scheme the applicants (RPA) included a proposal for a POPS to address the issue of risk of building damage as a result of the construction works and the Board, in granting approval for the RO, attached a specific condition referring to it. Requests for a similar scheme are made by/on behalf of some of the observers in the subject case and the applicants were requested (by the Inspector at the oral hearing) to consider if such a scheme would be applicable to the proposed project.

6.3.3.1 The matter is dealt with in the evidence of Mr. Browne for the RPA (see Section 5.3.5 above). In short it is indicated that such a scheme was not proposed in this instance as it is not envisaged that there will be any structural damage to properties as a result of the proposed works. The evidence also outlines the measures that are proposed to ensure that no such damage is caused.

6.3.3.2 Having regard, in particular, to the very different nature and extent of works involved in the proposed scheme when compared to the Metro North project and which includes tunnelling and deep excavations for underground stations, I am satisfied that a similar POPS is not warranted and that the construction methodologies and mitigation measures proposed are sufficient and appropriate.

6.3.4 ECJ Judgement Case – 50/09, Authority to carry out EIA

6.3.4.1 This issue is raised in the evidence of Mr. Sweetman, both on behalf of the Dublin City Centre Business Association (DCCBA) (see Section 5.6.1.1 above) and on his own behalf (see Section 5.6.2.1 above). Responses on behalf of the RPA, Mr. O’Donnell, are summarised at Sections 5.6.1.2 and 5.6.2.4 above.

6.3.4.2 The essential argument advanced by Mr. Sweetman is that there is no provision under the Railway Act to carry out an EIA as required by Article 3 of the EIA Directive and as referred to in the ECJ Judgement. Furthermore, the Railway Act, as amended, specifically disregards the EIA Regulations and the Planning

______PL29N.NA0004 An Bord Pleanála Page 219 of 274 and Development Act 2000 and any regulations made thereunder in relation to EIA [see Section 39(4) Transport (Railway Infrastructure Act, 2001)].

6.3.4.3 Mr. O’Donnell’s response is that the ECJ judgement has no application to the processing of the subject application and that all of the information required by the Regulations and the Directive has been provided. Any failure to transpose the Directive is a matter for the State and not An Bord Pleanála. The Board has the power and duty to carry out EIA.

6.3.4.4 Any ambiguity in relation to this issue has been effectively dealt with under Section 54 Planning and Development (Amendment) Acts 2010, which amended Section 172 of the Planning and Development Act 2000, and which provides that an EIA shall be carried out by the Board for proposed development under Section 43 Transport (Railway Infrastructure) Act 2001.

6.3.5 Addition to the Book of Reference

6.3.5.1 This refers to a submission at the oral hearing by Mr. Sweetman that he is the owner of lands at the Pro-Cathedral and that he should be included in the Book of Reference as an owner/reputed owner of the said lands. The submission and subsequent exchanges with Mr. O’Donnell/Mr. Stein for the RPA, are summarised at Sections 5.6.2.1, 5.6.2.4, 5.10.1, 5.10.4 and 5.12.14 above.

6.3.5.2 It appears that the RPA did contact Mr. Sweetman in relation to the matter and would be prepared to include Mr. Sweetman as an owner/reputed owner on the schedule if he could produce any evidence of his claim but that no such evidence has been forthcoming to date.

6.3.5.3 Given that Mr. Sweetman had the opportunity to submit evidence of his ownership claim at the oral hearing but failed to do so there does not appear to any basis for his inclusion in the Book of Reference.

6.3.6 Public Notice and Exempted Development

6.3.6.1 This refers to issues raised in the submission at the oral hearing of Ms. Mulcrone on behalf of James Adam & Sons Limited (see Section 5.7.4 above).

6.3.6.2 The first issue refers to the adequacy of the public notice – it is suggested that as site compounds are not included in the description of the development in the notice then they do not form a part of the application.

6.3.6.3 Mr. O’Donnell (RPA) indicates that the public notice as published is extensive and specifies in general terms, as required, the nature of the works. It could not include each and every item of the proposed works and there is no evidence that anyone was misled.

6.3.6.4 There are no specific requirements laid down under the Transport (Railway Infrastructure) Act, 2001 in relation to the contents of the public notice. Section

______PL29N.NA0004 An Bord Pleanála Page 220 of 274 40 (1)(b) simply requires that a notice be published and that it should refer to the fact that an application for an RO is being made and indicating various procedural arrangements.

6.3.6.5 I am satisfied, therefore, that the notice as published meets all of the statutory requirements and that there is no evidence of any party being misled.

6.3.6.6 The second issue refers to the site compound at St. Stephen’s Green as not comprising exempted development as it affects a National Monument and a Protected Structure (St. Stephen’s Green).

6.3.6.7 Mr. O’Donnell (RPA) refers to Section 38 Transport (Railway Infrastructure) Act 2001 which exempts all rail works approved under an RO for the purposes of the Planning and Development Act 2000. The exemption extends to “any incidental or temporary works connected with such development”.

6.3.6.8 I am satisfied, therefore, that the proposed construction compound at St. Stephen’s Green would qualify as exempted development for the purposes of the planning acts by virtue of being properly a part of the proposed railway works the subject of the railway order application.

6.3.7 Sections 107/108, Environmental Protection Agency Act, 1992.

6.3.7.1 The applicability of these sections is raised in a number of the observer submissions. The sections refer to the issue of noise nuisance and refer to proceedings that may be taken in the event of such nuisance arising.

6.3.7.2 As indicated by Mr. Stein and Mr. O’Donnell for the RPA at the oral hearing these sections are not relevant to the Board’s consideration of the application and are a matter for the jurisdiction of the Circuit or District Courts (see sections 5.10.3.2 and 5.12.4 above).

6.4 Key High Level Issues

6.4.1 Alternatives

6.4.1.1 A number of the observer submissions received question the route alignment proposed for the scheme and suggest alternative alignments. These include, in particular, submissions lodged by/on behalf of: Donal O’Brolchain (Section 4.2.3 above); Luke Gardiner Limited (Section 4.2.6 above); Dublin Civic Trust (Section 4.2.9 above); Thomas Barry & Co. Solicitors (Section 4.3.1.11 above); Royal Automobile Club (Section 4.3.2.8 above); and ACRA/National Transport Users Association (Section 5.12.8 above).

6.4.1.2 The issue of alternatives is dealt with in some detail in the EIS – see summary at Section 2.2.4 above. The RPA responses to the submissions lodged is set out in the evidence of Mr. Kilfeather at the oral hearing (see Section 5.3.4 and Section 5.12.10.5 above). The evidence of Mr. Sheedy for the RPA at the oral hearing is also relevant (see Section 5.3.2 above).

______PL29N.NA0004 An Bord Pleanála Page 221 of 274 6.4.1.3 By reference to the assessment as set out in the EIS I am satisfied that the issue of alternatives has been properly considered and that the proposed scheme alignment is appropriate and soundly based. I would draw the Board’s attention, in particular, to the assessment, and ultimate rejection, of Metro North as a potential alternative and to the assessment of the alternatives considered for linking the existing LUAS Green and Red lines. In relation to the latter, I am satisfied that the arrangement proposed strikes the right balance between providing for a convenient link with good service levels while also, in the longer term, maintaining options for increasing end-to-end capacity across both lines and which would likely be compromised if full operational run-through was to be provided. In this regard I also consider that service levels between Docklands and the south-east city centre would be to a high standard (see DDDA submission at Section 4.1.7 above and RPA response at Section 5.5.3.4).

6.4.1.4 I consider that the responses set out by Mr. Kilfeather (RPA) adequately deal with the issues raised in the referenced observer submissions. In relation to the alternative suggested by the Dublin Civic Trust of avoiding O’Connell Street altogether in favour of a two-way track on Marlborough Street, on urban design grounds, this option, though not expressly addressed, was at least in part considered in the examination of options for Line BX in the EIS. In my view this alignment would significantly reduce accessibility and penetration into the core O’Connell Street/ Henry Street retail/business area to the detriment of the scheme as a whole. In relation to the alternatives suggest by Thomas Barry & Co. Solicitors these are adequately addressed within the assessment presented in the EIS.

6.4.2 Construction Phase/Impacts on Business

6.4.2.1 The potential disruption to the functioning of the city centre during the construction phase of the proposed scheme is a very significant issue in this application. The issue arises, in the first instance, because of the nature of the scheme itself, being entirely on street and routing through the core of the city centre. Secondly, there is the issue of cumulative impacts arising in conjunction with Metro North, already approved by the Board, and DART Underground, currently before the Board.

6.4.2.2 Concerns are raised, in particular, by/on behalf of the city centre business interests, including the Dublin Chamber of Commerce (see Section 4.2.8 above), and individual observers, particularly in the vicinity of St. Stephen’s Green but also in other city centre areas (see Sections 4.3.1, 4.3.2, 4.3.3 and 4.3.4 above). The issues are dealt with in various sections of the EIS – see in particular, Sections 2.2.1, 2.2.8.2 to 2.2.8.4, 2.2.8.6, 2.2.14, 2.2.18 and 2.2.19 above. The issues are further addressed for the applicants in the evidence presented at the oral hearing by Mr. Sheedy, Mr. Browne, Mr. Gillard, Mr. Clear and Mr. King (see Sections 5.3.2, 5.3.5, 5.3.6, 5.3.8 and 5.3.9 above). Observer submissions lodged within Modules 4, 5 and 6, and the applicants’ responses to same, are also of particular relevance (see Sections 5.6, 5.7 and 5.8 above).

6.4.2.3 The main concerns raised focus on: -

______PL29N.NA0004 An Bord Pleanála Page 222 of 274 • Pedestrian/vehicular (customer/service) access to business and other premises, including access to car parks.

• Visual impact from work sites, including construction compounds (especially at St. Stephen’s Green).

• Noise/dust/vibration.

• Perceptions of city centre as a building site and, therefore, not open for business.

• Planning blight.

• Cost-benefit analysis.

Proposed Scheme Construction Phase Impacts

6.4.2.4 The EIS includes the following relevant information in relation to the construction phase of the proposed scheme within the city centre: -

• The construction is to be phased with Metro North to ensure accessibility to the city centre and maintenance of its economic wellbeing.

• It is assumed that works will take place in the following sequence: -

- initial phase prior to commencement of Metro North main works and to comprise localised utility works and cellar reconfiguration at various city centre locations. At each location these works likely to be in the order of two months duration within a total period of approximately 12 months.

- the proposed scheme works to commence following the reinstatement of the roads by the Metro North main works contractor and taking cognisance of any requirements for the 1916 commemoration services.

- at any one time no greater than three open work sites on each side of the city. Total duration of works for this phase approximately 30 months.

• A precise construction programme cannot be established until a contractor has been appointed. Assumptions for EIS purposes include: -

- work to start simultaneously at a number of locations.

- overall duration of construction activity to be approximately 33 months.

• Construction work hours will generally be 8.00 a.m. – 6.00 p.m., Monday to Friday, and 9.00 a.m. – 4.00 p.m., Saturdays. Out of hours work to be agreed with Dublin City Council and planned to take account of sensitive receptors.

______PL29N.NA0004 An Bord Pleanála Page 223 of 274 • Utility diversions will generally require removal of existing road pavement or footpath to a maximum depth of 2.0 metres with deeper excavations at some locations.

• Track bed construction will generally entail the excavation of a 6.0 – 7.0 metre wide trench varying in depth to between 0.8 metre and 1.5 metres.

• Construction compounds will be in place for up to four years. Footprint and duration of operation to be agreed between the contractor and Dublin City Council.

• The Construction Traffic Management Strategy (CTMS) is predicated on the proposed scheme being constructed in a manner that facilitates access to commercial premises, institutions and residences.

Reductions in carriageway widths and turning restrictions may result in negative local impacts at some locations.

The CTMS will continue to be developed during detailed design and subsequent phases and through on-going consultation with stakeholders so as to ensure that the traffic management plan takes account of the on-going needs of the city.

Indicative construction phasing for both utility diversions and main construction along the length of the alignment is illustrated on included drawings.

The majority of the required traffic management measures will be retained as part of the operational requirements of the scheme.

In general existing footpath widths to be retained where possible. Otherwise a minimum 2.0 metres footpath width to be provided elsewhere. Temporary pedestrian crossings also required at certain locations.

Main roads to be used for haul routes – details to be agreed with Dublin City Council.

• Utility diversion works will be co-ordinated and programmed in consultation with the relevant stakeholders to minimise impact.

Planned utility service disruptions, where required, will take cognisance of the requirements of those premises served by the utility.

Construction phase strategies to include: -

______PL29N.NA0004 An Bord Pleanála Page 224 of 274

- Construction updates. - Weekly business/residents forums. - Construction site posters. - Site posters for business. - Community liaison.

• The only significant construction noise impact identified is on Nassau Street where the predicted noise level will slightly exceed existing ambient noise levels and the guideline daytime noise level (75dB).

Mitigation measures to include: -

- Use of Best Practicable Means (BPM). - Community Liaison/site representative. - Liaison with local community and local authority in advance of planned night time works. - Noise levels during construction to be monitored at selected noise sensitive locations.

• It is highly unlikely that any construction vibration impacts on buildings within a distance of 50 metres from the scheme would result in cosmetic damage.

Mitigation measures to include: -

- Contractors required to prepare Environmental Management Plans (EMP). - Use of Best Practicable Means (BPM). - Community liaison/site representative. - Vibration levels to be monitored at sensitive locations.

• Dust mitigation measures to include Best Practicable Means (BPM).

Construction impacts within the city centre generally assessed as moderately to significantly negative but short term.

Mitigation measures to include: -

- Phasing of works along the street with the working area fenced off from the public domain and reinstated as works progress to the next phase.

______PL29N.NA0004 An Bord Pleanála Page 225 of 274 - Good site management.

• Identification of potential negative impacts during construction phase on businesses (moderate) and tourism (slight) in city centre.

In addition to localised reductions in accessibility, the overall accessibility of the city centre may be affected by temporary traffic diversions and restrictions during the construction phase.

Construction-related noise, vibration and visual impacts may be relevant for business, such as hotels and guest houses, whose customers may be sensitive to these environmental factors.

The construction phase may also impact on tourism in the city centre due to reduced pedestrian/traffic accessibility and due to noise and vibration from construction works. Again, pedestrian and traffic diversions may decrease footfall and traffic levels in certain areas, while noise and vibration effects may detract from the appeal of certain tourist locations. Of additional relevance to tourism may be the presence of temporary fencing and construction machinery which may limit the visibility of well-known landmarks in the area. Additionally, there will be a temporary removal of statuary in the immediate vicinity of construction works.

Mitigation measures to include; phasing of construction work along different sections of the alignment; implementation of a Construction Traffic Management Strategy (CTMS), with a primary forms on maintaining access to businesses and households; noise/vibration minimised and scheduled to appropriate times; regular meetings/updates with businesses/households along the alignment.

Residual impact slight.

6.4.2.5 The further information in relation to the construction phase for the proposed scheme within the city centre presented by the applicants at the oral hearing includes the following: -

• It is anticipated that a Traffic Forum, similar to that which has been set up for Metro North, will be convened for the LUAS BXD with the key objective of managing the city centre traffic regime and providing for the resolution of conflict.

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• The evidence of Mr. Browne (see Section 5.3.5 above) includes: -

- plans/elevations/photomontages of the proposed construction compounds (Slides 1-8).

- anticipated that all basement modification works will be completed within the first eight months of the project. Typically, works at each basement will take 7-10 working days.

- photomontage of typical site set up for utility diversion works (Slide 12).

- envisaged that all utility diversion works will be completed in a 22 month period.

- the estimated duration for the structure works (bridges, access structures to stops etc.) is 15 months.

- where there is insufficient width on public streets to allow construction of the full width of the track slab in a single phase, it will be installed in two longitudinal phases to allow for traffic, deliveries, etc. (see Slide 23 for typical set up details).

- the overall duration of the light rail infrastructure works (track-bed, stops, OCS, reinstatement of street surfaces etc.) is anticipated as approximately 24 months.

- the installation phase for the system works (electrical, operating equipment etc.) will take approximately 9 months and testing/commissioning 6-8 months.

- summary chart for construction works (Slide 32). Total construction timeframe (i.e. excluding testing/commissioning) approximately 3.25 years.

- locations of work fronts and sequencing illustrated on Slides 33 to 46.

- a more detailed programme to be developed for each contract by the appointed contractor.

- each contractor to be contractually obliged to maintain access to adjacent premises throughout the course of construction works.

- where planned outages to utilities or other services are required the utility company/service provider will contact their customers to advise of potential disruption.

- RPA to appoint a number of community liaison co-ordinators for the construction work period.

______PL29N.NA0004 An Bord Pleanála Page 227 of 274 • The evidence of Mr. Gillard (see Section 5.3.6 above) includes: -

- Dublin City Council has confirmed that Phase 2 of the St. Stephen’s Green Traffic Management Scheme will be implemented in advance of the construction of the proposed scheme. This will involve the removal of through traffic from the Dawson Street/Kildare Street area through the introduction of a right turn from St. Stephen’s Green East to Merrion Row.

- In preparing the CTMS for the proposed scheme a number of underlying principles or assumptions were developed, which set the constraints within which the temporary traffic management schemes should operate, as follows: -

- Details of permanent traffic management measures to be implemented at the commencement of the various phases of construction in the city centre (Slides 11-13).

- The works on Nassau Street represent a key constraint to maintaining existing traffic routings.

- Proposed temporary re-routing of bus services via Kildare Street (Slide 14).

- Access/egress arrangements for services/delivery vehicles for Grafton Street (Slide 15).

- Indicative haul routes for construction traffic (Slide 26).

- In general the impacts on road users are at a local level and the measures identified in the CTMS will result in slight negative impacts.

- On a strategic level the impacts will be associated with vehicular delay and increases in journey length as a result of traffic diversions due to temporary lane restrictions and turn bans. In order to assess these impacts a model of the construction scenario has been developed. This construction scenario is identified from a combination of the individual

______PL29N.NA0004 An Bord Pleanála Page 228 of 274 measures required to accommodate the construction works at any one time. The model assessment indicates that impacts on traffic volumes, vehicular delay and journey length as a result of the proposed scheme would result in a slight negative impact.

- Dublin City Council, as Roads Authority, will ultimately be responsible for the approval of the detailed traffic management plans produced by the contractor.

• The evidence of Mr. Clear (see Section 5.3.8 above) includes: -

- The core of the city centre retail/service area is for the most part avoided although it is envisaged that subsequently the core retail streets will expand into these areas.

- By reference to the Dublin City Development Plan 2011-2017 the proposed route passes through one Category 1 retail street, O’Connell Street. This is a wide street with the line running alongside the central median such that there will be no effect on business there. For Category 2 retail streets, access to businesses will be maintained at all times during construction and works arranged to minimise effects on businesses. While it is acknowledged that for some businesses close to works there will be some, albeit insignificant, effects for most businesses there will no effects.

- The adopted methodology in the EIS for determining the sensitivity rating was to examine the dominant format of land use within a particular land use area rather than to look at individual businesses.

- In the Metro North decision the Board accepted that the long-term benefits of the scheme would outweigh the short-term impacts of construction.

6.4.2.6 On the basis of the above (paragraphs 6.4.2.4 and 6.4.2.5) I am satisfied that the details provided in relation to the construction phase impacts for the proposed scheme are adequate and that the overall approach proposed is appropriate to minimise disruption in the city centre. I accept that some level of inconvenience will arise given that the project is on street through the city centre. However, the negative impacts would be relatively short term and are necessary and unavoidable if critical infrastructure projects, such as LUAS BXD, are to be provided and if the longer term and permanent benefits for the city accruing from the scheme are to be realised. The latter benefits, in my view, far outweigh the temporary disruption caused during construction.

6.4.2.7 In arriving at this conclusion I would draw the Board’s attention, in particular, to the following: -

• The nature of the construction works associated with the proposed scheme being generally similar to those routinely carried out in city centre locations,

______PL29N.NA0004 An Bord Pleanála Page 229 of 274 albeit over an extensive area and for greater duration than is normally the case.

• The rolling nature of the construction programme whereby individual streets/areas would be subject to construction activity on an intermittent basis and not on a continuous basis for the full duration of the project works as a whole.

• The necessarily evolving/dynamic nature of the traffic management planning and which includes the requirement for further approvals by Dublin City Council as the Roads Authority for the city.

• The impracticality of carrying out viability assessments for individual businesses. Even if such an approach was to be considered it must be doubtful that all relevant information would be made available by the businesses concerned. Also the fundamentally changed business environment of recent years would render any such assessments out of date and of little use. I am not convinced that such an exercise would aid the Board in its consideration of the proposed scheme. I am generally satisfied, therefore, that the assessment of likely impacts on business as presented by the applicants, and as correctly identified as arising from the impacts of traffic, noise, vibration and in landscape/visual terms, and notwithstanding the absence of quantification, is adequate and reasonable.

• In relation to the issue of noise it would be appropriate, in any decision to grant the Railway Order, to attach standard conditions requiring monitoring and adherence to specified limits at different classes of noise sensitive receptors, similar to those conditions attached in the ease of Metro North. This matter is also addressed in the agreed position between the RPA and DCC (see Section 6.5, parag. 6.5.3 below).

6.4.2.8 It should be noted that issues raised by individual observers relevant to particular properties are dealt with below in the subsequent sections that assess the proposed scheme on an area by area basis.

Cumulative Construction Phase Impacts

6.4.2.9 As indicated in the EIS (see Sections 2.2.1 and 2.2.19 above) the construction sequencing originally envisaged was as follows: -

• Construction to be phased with Metro North to ensure accessibility to the city centre and maintenance of its economic wellbeing.

• Initial phase, comprising localised utility works and cellar reconfiguration at various locations within the city centre, prior to commencement of Metro North main works.

______PL29N.NA0004 An Bord Pleanála Page 230 of 274 • Scheme works to commence following the reinstatement of the roads by the Metro North main works contractor and taking cognisance of the 1916 commemoration services.

• Elements of the proposed scheme infrastructure, including track bed, rails, stop platforms, pole foundations, etc., to be included within the Metro North scope of works for the main works contracts at St. Stephen’s Green, Westmoreland Street and O’Connell Street Lower as far as Henry Street.

6.4.2.10 The EIS also states that consultations with Iarnrod Eireann indicated that simultaneous construction of the proposed scheme with DART Underground would be unlikely. This is corroborated in the submission of Iarnrod Eireann (see Section 4.1.3 above) indicating that the assumption was of consecutive construction programmes in the area of St. Stephen’s Green and Dawson Street. That submission states that the interface issues were resolved on the basis of the DART Underground construction programme preceding the LUAS BXD main works commencing in that area.

6.4.2.11 It is clear therefore, that essentially a sequential phasing of the Metro North and LUAS BXD projects was envisaged rather than concurrent construction. While there would be some overlap with Metro North this would be largely contained within the Metro North construction sites at St. Stephen’s Green, Westmoreland Street and O’Connell Street Lower and dual construction would not be manifest. It is also apparent, however, that it was originally envisaged that there would be concurrent construction of Metro North and DART Underground in the St. Stephen’s Green area.

6.4.2.12 While both concurrent and consecutive construction scenarios are contemplated the bulk of the assessment of cumulative impacts in the EIS is based on the possibility of overlap, in whole or in part, with works on Metro North and/or DART Underground, i.e. on substantially concurrent construction programmes.

6.4.2.13 However, the observation in the EIS that, based on the construction programmes for the proposed projects, it is considered that potential cumulative impacts would only be related to an extension of the overall duration of construction works within the city centre resulting in socio-economic impacts, appears to be based on a presumption of consecutive construction.

6.4.2.14 The overall picture, therefore, as presented in the EIS is somewhat confused.

6.4.2.15 As indicated at Section 6.2.7 above the likely implementation timeframe for the three projects has now changed significantly as a result of the sharp deterioration in the national economy in recent years. The relevant advice contained in the letter from the NTA is as set out at Section 5.3.2 above and is repeated here for clarity. The advice is: -

• It is likely that only one of the major public transport projects will be able to be progressed over the period of the new National Development Plan 2012 to 2016.

______PL29N.NA0004 An Bord Pleanála Page 231 of 274 • Over the medium term there is no realistic prospect of all three of these major projects proceeding to full construction at the same time. Accordingly, concerns over the impacts of possible concurrent construction of all these projects in Dublin City Centre are unfounded.

• The sequencing and timing of the programme of major public transport projects will be a matter for Government to determine in its development of a new capital spending plan.

• The Authority is satisfied that the proposals developed in respect of the LUAS BXD are sufficiently flexible to accommodate any sequencing arrangement that may emerge from the Governments proposals, including the prior construction of LUAS BXD in advance of Metro North and DART Underground.

• The Authority is satisfied that the case for LUAS BXD is not dependent upon the prior construction of any of the other two major city centre transport projects and the need for the scheme is independent of the projects.

6.4.2.16 As previously indicated, it is understood that it is the intention of the Government to decide in the Autumn as to which project is to be prioritised.

6.4.2.17 In the absence of a Government decision there is now a high degree of uncertainty as to the likely implementation programme for the projects and this makes the assessment of cumulative construction impacts very difficult.

6.4.2.18 In considering this matter it is important to note the time periods to which the various railway orders are subject. For all three projects the period specified (in the railway order/draft railway orders) within which the authorised works must be substantially completed is 10 years (the LUAS BXD scheme also includes a 15 year period to allow for a potential future stop at Grangegorman). On the assumption that both LUAS BXD and DART Underground are approved by the Board before the end of 2011 this generates the following approximate timelines within which the projects would have to be substantially completed.

Metro North 2020 (RO operational December 2010)

LUAS BXD 2021

DART Underground 2021

6.4.2.19 It is also important to consider the length of time each project is likely to take to construct. By reference to the EIS’s in each case the approximate construction periods are as follows: -

Metro North 4-5 years.

LUAS BXD 3.5 years.

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DART Underground 6 years.

6.4.2.20 On the basis, therefore, that only one of the projects can be progressed over the period to 2016 it is clear that for all three to be substantially completed within the period allowed for in the railway orders the remaining two projects would have to be given the go-ahead for concurrent construction immediately after 2016. Given the perilous condition of the country’s finances, and the length of time that is likely to be needed for recovery, I do not consider that this is a reasonable prospect. In this connection I note the reference in the NTA letter to the medium term and I would consider that this includes the 2016-2021 period. I consider, therefore, that the only realistic and foreseeable scenario is that at most just two of the projects will be undertaken over the period to 2021.

6.4.2.21 The project that does not go ahead during this period will then have to be the subject of a further application for approval and the issue of cumulative impacts relating to that project would be the subject of further assessment at that time. While it would appear to be open to the Board to extend the period for completion of works within the railway orders for either LUAS BXD or DART Underground, I do not consider that this should be done, barring that there might be some exceptional argument for this course of action put before the Board in the case of DART Underground. As already indicated at Section 6.3.2 above, I consider the period sought for LUAS BXD proportionate and reasonable give the scale of the project. I would generally be of the view that any major project that is not likely to commence until beyond a 10 year time horizon should be the subject of further assessment at that time so that prevailing circumstances, technological advances, etc. could be properly taken into account.

6.4.2.22 On the assumption that LUAS BXD is one of the two projects that is likely to proceed in the period to 2021, as any other assumption would render this assessment meaningless, the following scenarios appear to be possible: -

(a) Metro North followed by LUAS BXD. (b) DART Underground followed by LUAS BXD. (c) LUAS BXD followed by Metro North. (d) LUAS BXD followed by DART Underground.

6.4.2.23 Looking at scenarios (c) and (d) I note the comments in the NTA’s letter to the effect that the proposals developed in respect of LUAS BXD are sufficiently flexible to accommodate any sequencing arrangement that may emerge from the Government decision, including its construction in advance of Metro North and DART Underground. However, the evidence before the Board, in my view, points to significant difficulties if such a sequencing of construction was to be contemplated.

6.4.2.24 As indicated at Section 6.4.2.9 above the sequencing originally planned envisaged Metro North preceding LUAS BXD and included significant elements of the latter being constructed as part of Metro North at St. Stephen’s Green, Westmoreland Street and O’Connell Street Lower. The logic of this is obvious because at these locations the LUAS BXD alignment passes through the major

______PL29N.NA0004 An Bord Pleanála Page 233 of 274 Metro North work sites associated with the construction of the St. Stephen’s Green and the O’Connell Bridge Metro North stations. These are two of the biggest work sites associated with the Metro North project, scheduled to take 3 and 4 years construction time respectively.

6.4.2.25 The issue of the interaction between the two schemes, in the event of LUAS BXD proceeding first, was raised at the oral hearing by Mr. Sweetman (see Section 5.6.2.4 above) in the context of Westmoreland Street. The response from Mr. Kilfeather (RPA) refers to the possibility of undertaking enabling works/utility diversions and certain elements of the Metro North Station works (diaphragm walling and roof slab) within the LUAS BXD works so that subsequently the Metro North Station could be constructed/completed while maintaining LUAS BXD in operation.

6.4.2.26 However, the railway order application for LUAS BXD before the Board makes no provision for the carrying out of these Metro North works. Even if this does not present a legal difficulty, it is also the case that some similar arrangements, involving works on a significant scale, would have to be put in place on O’Connell Street Lower, which would also be a part of the works site for the Metro North O’Connell Bridge Station. Furthermore, there is no information in relation to St. Stephen’s Green and where it is also clear that very extensive works associated with that Metro North Station would have to be carried out as part of the LUAS BXD works contract if the subsequent construction of the station was to be carried out without interfering with the operation of LUAS BXD.

6.4.2.27 A similar difficulty would appear to arise at St. Stephen’s Green if DART Underground was chosen as the second project to succeed LUAS BXD as in this scenario the St. Stephen’s Green Station would have to be constructed as part of the DART Underground Project.

6.4.2.28 It is recognised that these are extremely complex matters and that sufficient information is not available to make definitive judgements. However, on the basis of the information that is available, I consider that it appears highly unlikely that it would be possible to construct either Metro North or DART Underground after LUAS BXD without a significant and prolonged disruption to the LUAS BXD service. In my view, such a scenario would be untenable as it would involve disrupting the LUAS BXD service almost immediately after it was completed. As well as being extremely wasteful of resources it would also sever the link between the Red and Green LUAS lines, the establishment of which is one of the key reasons for the LUAS BXD project in the first place. In the circumstances, I do not consider scenarios (c) or (d) to be realistic.

6.4.2.29 This leaves scenarios (a) or (b) as the only likely outcomes, i.e. LUAS BXD being constructed after either Metro North or DART Underground. In either of these scenarios the potential cumulative impacts relating to the proposed project, as referred to in the EIS (see Section 6.4.2.13 above), would relate to an extension of the overall duration of construction works within the city centre rather than to any concurrent intensification of impacts.

______PL29N.NA0004 An Bord Pleanála Page 234 of 274 6.4.2.30 It is difficult to be precise about the overall duration of construction works that would arise within the city centre but, under either scenario, it appears likely that it would extend over a total period of the order of 7 to 8 years on the basis of the planned construction programmes for each of the projects. Given the linear nature of the projects, that extends to areas outside of the city centre, and the rolling nature of the construction over several work fronts at different times, construction works would not necessarily be constant within the city centre over this period but it is likely that they would be in evidence to a significant extent for most of this period.

6.4.2.31 While probably of similar overall duration the cumulative construction impacts, and disruption within the city centre, are likely to be greater arising from a combination of Metro North and LUAS BXD than from DART Underground and LUAS BXD. This is because of the greater geographical spread of impacts that would arise within the city centre from Metro North in combination with LUAS BXD.

6.4.2.32 As is the case in the consideration of the proposed scheme as a single project it is not possible to quantify the cumulative construction impact on business. Metro North has already been approved and I have already concluded that the overall levels of inconvenience likely to result from the construction of LUAS BXD are acceptable in the light of the longer term and permanent benefits that would accrue for the city. I am also inclined to the view that a combined period of disruption of the order of 7 to 8 years is also manageable and is not excessive in the context of such large scale and significant infrastructural projects that have the potential to deliver considerable benefits to the city as a whole.

6.4.2.33 This is in no sense to minimise the challenge that the construction of the projects represents and the critical importance of managing the construction processes correctly in order to ensure that the city centre does continue to function properly during this period. In this regard an effective public information strategy, similar to that specified in Condition No. 7 attached to the Metro North Railway Order, should be a priority so as to ensure that the message is conveyed that the city centre is open for business as usual throughout the construction period.

6.4.2.34 It would also seem to make sense if the chosen option is to construct Metro North and LUAS BXD, that the scheduling of construction works originally envisaged, whereby elements of the proposed scheme infrastructure between St. Stephen’s Green and O’Connell Street Lower are included in the Metro north main works contract, is adhered to.

Blight

6.4.2.35 The issue of potential blight arising in the city centre is raised by a number of observers. This relates to the period for construction allowed for in the Railway Orders for the three projects and the uncertainty surrounding the timing of their implementation. The argument is that this could give rise to investment decisions for city centre businesses and properties being deferred or abandoned altogether resulting in planning blight akin to that that was associated with the city’s road widening proposals in the 1970’s and 1980’s.

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6.4.2.36 I do not consider that planning blight should be an area of significant concern in this instance. As already referred to I consider that the relevant period specified in the Railway Orders, at 10 years, is proportionate to the scale of the projects. Furthermore, the most likely combined construction period within the lifetime of the orders is approximately 7-8 years which, again, is not disproportionate. It is also not an excessive period either in the context of the significance of the projects or in the wider context of investment decision-making and development in a city centre environment. As previously pointed out any decision to proceed with a third project is likely to require a new application for approval and this issue could be re-addressed in the light of experience at that point.

Cost Benefit Analysis (CBA)

6.4.2.37 Several of the observer submissions lodged suggest that the application documentation should have included a full cost benefit analysis (CBA) for the proposed scheme. The evidence of Mr. Harley, for Mr. Sweetman, presented at the oral hearing (see Section 5.6.2.2 above) is of particular note in this regard.

6.4.2.38 It is stated in the EIS that a CBA is reported in the Scheme Business Case and does not form part of the EIA (see Section 2.2.8.2 above). The issue is addressed for the applicants in the evidence of Mr. King presented the oral hearing (see Section 5.3.9 above). The scheme or Outline Business Case is ultimately a matter for the Department of Transport/Department of Finance and a redacted version is published on the NTA website. The redactions reflect the deemed commercially sensitive nature of much of the information.

6.4.2.39 I am satisfied that the information presented in relation to the proposed scheme is sufficient for planning purposes and provides an adequate basis for the Board to makes its decision.

6.4.3 Traffic

6.4.3.1 The main issues at a strategic level relating to traffic relate to the impact of the proposed scheme, during both construction and operation, on the city centre traffic regime, including, in particular, the impact on bus services.

6.4.3.2 Traffic is dealt with for the applicants in the EIS (see Section 2.2.8.6 above) and further elaboration is provided in the evidence of Mr. Gillard at the oral hearing (see Section 5.3.6 above). The submissions of Dublin City Council (see Sections 4.1.1 and 5.4 above), Dublin Bus and Bus Eireann (see Sections 4.18, 4.19 and 5.5.1.1 above) and Dublin Chamber of Commerce (see Sections 4.2.8 and 5.6.3.1 above) are of particular significance. The traffic issue, at a strategic level, is also referred to in several of the submissions from individual observers in the city centre area (see Sections 4.3.1 to 4.3.4 above).

6.4.3.3 Several of the observer submissions lodged refer to the absence of a finalised traffic management plan, both in relation to the proposed scheme itself and for the purposes of accommodating LUAS BXD, Metro North and DART Underground.

______PL29N.NA0004 An Bord Pleanála Page 236 of 274 6.4.3.4 I am generally satisfied with the level of detail provided in relation to proposed traffic management measures, both for the construction and operation phases. Traffic management in this context is by its nature an evolving process or ‘live’ issue, as put by Dublin City Council, which may require adjustment over time within the overall city traffic management regime. Traffic management measures will continue to require approvals from Dublin City Council, as Roads Authority. In this connection, it is noted that a Traffic Forum, similar to that which has been established for Metro North, is to be set up. This will comprise representatives of key stakeholder groups, including Dublin City Council, Transport 21 Project Office, Dublin Bus, Bus Eireann and An Garda Siochana and its key objective will be the management of the city centre traffic regime during the construction phase, including conflict resolution, monitoring, early flagging of difficulties etc. For the longer term the recently published NTA Greater Dublin Area Draft Transport Strategy 2011-2030 provides for the preparation of a Strategic Traffic Management Plan for the city that will provide the overarching traffic strategy referred to in the EIS.

6.4.3.5 Traffic impacts arising during the construction phase have already been referred to at Sections 6.4.2.4 – 6.4.2.7 above and which include a summary of the critical elements of the CTMS. The following, in particular, should be noted: -

• An underlying principle of the CTMS is that bus services should be maintained throughout the works so as to ensure the continued accessibility of the city centre by public transport.

• The confirmation by Dublin City Council that Phase 2 of the St. Stephen’s Green Traffic Management Scheme, involving the removal of through traffic from the Dawson Street/Kildare Street area through the introduction of a right turn from St. Stephen’s Green East to Merrion Row, is to be implemented in advance of the construction of the proposed scheme.

• Recognition that the proposed works on Nassau Street represent a key constraint to maintaining existing traffic routings. Given width restrictions only one traffic lane can be maintained during the works and, following discussions with Dublin City Council and Dublin Bus, it was agreed that restrictions on westbound traffic would be implemented. The primary impact would be on bus routes that currently travel along St. Stephen’s Green North/Dawson Street/Nassau Street/Suffolk Street/Church Lane onto College Green. These would be rerouted via Kildare Street/South Leinster Street/Lincoln Place/Westland Row/Pearse Street onto College Green/Westmoreland Street. Modelling for peak a.m. and p.m. periods indicate a resulting journey time increase of 2 to 3 minutes, deemed a slight impact.

• In general impacts on road users are identified as being at a local level resulting in slight negative impacts.

• On a strategic level the impacts will be associated with vehicular delay and increases in journey length as a result of traffic diversions due to temporary

______PL29N.NA0004 An Bord Pleanála Page 237 of 274 lane restrictions and turn bans. Indicated that this would result in slight negative impacts.

6.4.3.6 The Board should note, in particular, the submissions on behalf of Dublin Bus which indicate on-going engagement with RPA in order to minimise disruption. It is also indicated that a sequential phasing of the construction of the various transport projects, and which is now the only likely scenario, is favoured in order to maintain bus services.

6.4.3.7 The principal traffic impacts arising with the proposed scheme in operation are as summarised at Sections 2.2.8.6 and 5.3.6 above and I am satisfied that this deals appropriately with the matter at a strategic level.

6.4.3.8 In relation, in particular, to the impact on bus services it will be noted that it is indicated in the EIS that discussions have been on-going with both Dublin City Council and Dublin Bus and that final arrangements in terms of bus routing and stop locations are a matter for the bus operators in co-operation with An Garda Siochana and Dublin City Council in the context of the Bus Network Review that is currently being undertaken by Dublin Bus. This level of engagement is confirmed in the submissions lodged on behalf of Dublin Bus.

6.4.4 Overhead Conductor System (OCS)

6.4.4.1 This refers to the power supply system proposed for the scheme comprising overhead lines/wires supported on poles and building fixings.

6.4.4.2 The issue is dealt with in the EIS both in terms of alternatives and of design (see Sections 2.2.4 and 2.2.5 above). The landscape and visual impact assessment, and which includes a photomontage analysis, is also relevant (see Section 2.2.14 above). It is further dealt with for the RPA in the evidence of Mr. Carbone and Ms. Kiernan at the oral hearing (see Sections 5.3.10 and 5.3.11 above). The use of an OCS system is opposed by Dublin City Council (see Sections 4.1.1 and 5.4.2 above). It is also opposed in a number of other observer submissions, including, in particular, those of the Irish Georgian Society (Section 4.2.1 above), the Dublin City Centre Business Association (Section 4.2.4 above), John Spain (Section 4.2.5 above), Luke Gardiner Limited (Section 4.2.6 above), and the Dublin Civic Trust (Section 4.2.9 above).

6.4.4.3 The principal argument against the OCS, as set out, in particular, in the submission on behalf of Dublin City Council, is that the proposed system would represent a detrimental visual intrusion through the key processional route of the city centre from St. Stephen’s Green to Parnell Square and including the city’s most important urban space, College Green, as well as O’Connell Street, the GPO and the Parnell Monument. It is submitted that an alternative power supply system, in line with most recent technology and best practice for historic areas, should be provided within this area and that a range of wire free tram systems have been developed and are in use in cities such as Nice and Bordeaux.

6.4.4.4 The RPA’s response is based both on technical and design considerations.

______PL29N.NA0004 An Bord Pleanála Page 238 of 274 6.4.4.5 The technical response is set out in some detail in the EIS and, in particular, in the evidence of Mr. Carbone (RPA) at the oral hearing – summarised at Section 5.3.10 above. This points to significant technical difficulties with alternative systems, such as those operating in Nice and Bordeaux, significantly higher installation and maintenance costs, the different circumstances pertaining in Dublin where LUAS BXD would operate in a shared running environment through the city centre and the requirement to retrofit the entire existing LUAS fleet in Dublin if such a system was to be adopted in the city centre. No rebuttal evidence of a technical nature has been submitted on behalf of Dublin City Council. The submission on behalf of Dublin City Centre Business Association includes a report entitled “Tram System in Bordeaux – Report on the Tram System and Underground Power Supply (APS) for Dublin City Business Association” prepared by Brendan Finn, ETTS Limited (dated 7 December 2007). This includes technical and cost information which is generally consistent with that set out in Mr. Carbone’s evidence. It refers to the system in Bordeaux now being reliable and to other cities where APS systems have been adopted. It does not refer to the issue of the shared running environment in Dublin.

6.4.4.6 On the basis of the technical evidence before the Board, therefore, I am satisfied that the proposed OCS System is the most appropriate for the circumstances that pertain in Dublin.

6.4.4.7 The design response is summarised in the evidence of Ms. Kiernan (RPA) at the oral hearing and is set out in detail in the Architecture Design Strategy included as Chapter 7A in Book 1 of the EIS – see A3 version also supplied. This strategy includes the following key elements: -

• The identification of the key urban spaces along the proposed alignment route through the city centre, including St. Stephen’s Green, College Green, O’Connell Street and the Parnell Monument.

• The design of a suite of support poles for the OCS System as an iconic element of LUAS architecture.

• The consideration of a range of alternative support arrangements for the OCS from an architectural perspective and to minimise impact. The approach is to tailor the arrangements on a street by street, space by space basis to adopt to the particular circumstances of each. It includes, in particular, the use of a cradle system in the vicinity of the most architecturally sensitive buildings and spaces. This arrangement is adopted at St. Stephen’s Green (Fusilier’s Arch), College Green, the GPO Plaza and at the Parnell Monument/Rotunda Hospital. The illustrations include photomontage analysis.

6.4.4.8 I am satisfied that the design approach adopted for the OCS is detailed and considered and has taken full cognisance of the extremely high architectural heritage value and urban design quality of the proposed route alignment through the city centre. I consider that the OCS infrastructure as designed would not be excessively intrusive and that it would not, therefore, have a detrimental impact on any of the key buildings or spaces.

______PL29N.NA0004 An Bord Pleanála Page 239 of 274 6.4.4.9 It should be noted that, notwithstanding Dublin City Council’s opposition to the OCS System, it is indicated in their submission that agreement was reached with the RPA in relation to fixing locations as detailed in the application drawings.

6.4.5 Public Realm

6.4.5.1 A number of the observer submissions refer to the importance of the public realm and the need for reinstatement associated with the proposed scheme to be of high quality. The need for a detailed public realm strategy for the city centre area is also highlighted. The submissions include those lodged on behalf of the Dublin City Centre Business Association (Section 4.2.4 above), John Spain (Section 4.2.5 above) and Treasury Holdings and Castle Market Holdings (Section 4.3.1.7 above). The importance of the public realm is also referred to in the submission of Dublin City Council (Sections 4.1.1 and 5.4.2 above).

6.4.5.2 The issue of integration into the public realm is a key component within the Architectural Design Strategy included as Chapter 7A within Book 1 of the EIS (see Section 2.2.5 above). The issue is also considered in some detail in the landscape and visual assessment in the EIS (see Section 2.2.14 above) and the photomontages and landscape insertion plans included in this assessment should be particularly noted.

6.4.5.3 As requested the applicants presented further detail in relation to the proposed public realm strategy at the oral hearing. This is contained in the evidence of Ms. Kiernan (see Section 5.3.7 above). As indicated this includes, in particular, details on a street by street basis of pavement reinstatement proposed as part of the LUAS BXD scheme. I would draw the Board’s attention, in particular, to the following: -

• Slide series numbered 20, 23, 30, 32, 43, 47, 52 and 53 that illustrate through the use of a broken pink line the extent of the reinstatement proposed as part of the scheme.

• In general, but not always, the approach is to do façade to façade reinstatement.

• The proposals include for reinstatement of historic/heritage items, including existing street pavement details.

• New paving sets generally specified in granite or bauxite.

• Design approach is to co-ordinate with Metro North and DART Underground and with existing schemes, such as O’Connell Street, and proposed schemes, such as St. Stephen’s Green/Grafton Street and College Green, carried out and/or planned by Dublin City Council.

6.4.5.4 I am satisfied that, in general, the public realm strategy as proposed is sufficiently comprehensive and is of a quality that is appropriate to the principal streets and spaces of the city centre.

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6.5 Local Authority Submission

6.5.1 The initial submission on behalf of Dublin City Council (DCC) is summarised at Section 4.1.1 above. The submission made to the oral hearing is summarised at Section 5.4 above.

6.5.2 It will be noted that, in the first instance, there is strong support from Dublin City Council for the LUAS BXD scheme.

6.5.3 It will also be noted that, of the 109 conditions requested to be attached to the RO by Dublin City Council in the initial submission agreement has been reached with the RPA in relation to 107 of these. The terms of the agreement are as set out on a condition by condition basis in a schedule submitted at the hearing by the RPA (copy on file). Dublin City Council confirm in their submission to the hearing that it is no longer seeking the attachment of those conditions upon which agreement has been reached, i.e. Conditions 1 and conditions 4 to 109.

6.5.4 It will be noted that the agreed conditions cover the complete range of issues relevant to a large-scale infrastructure project under the headings; Architectural and Planning; Archaeology; Road Works and QBN Office; Noise; Vibrations, Air Quality and Climate; Water Services; Drainage Services; Parks/Landscaping; Traffic; and CPO issue. I have reviewed the conditions and I am satisfied that they are appropriate and comprehensive in addressing relevant planning and environmental issues. I am also satisfied that this agreement between DCC and RPA is an appropriate mechanism for dealing with these issues, having regard to the particular role of Dublin City Council as local/planning/roads/sanitary authority. In this connection the Board’s order should reference the agreement and it should be attached as a schedule to the RO.

6.5.5 The two conditions where agreement was not reached refer to Dublin City Council’s request that there should be an OCS free zone (wire free) in the City Centre (Condition 2) and that the track alignment on O’Connell Street Upper should be changed (Condition 3). The OCS issue, and which was also raised by other observers, has been dealt with at Section 6.4.4 above.

6.5.6 In relation to the track alignment on O’Connell Street Upper Dublin City Council’s requested Condition seeks the retention of the median of O’Connell Street in situ until north of the Father Matthew Statue. It is accepted that the track would move into the median just north of the statue and its surrounding tree clusters as this is required to achieve the correct turning radius onto Parnell Street.

6.5.7 Dublin City Council’s arguments include the following: -

______PL29N.NA0004 An Bord Pleanála Page 241 of 274 • The impact would be compounded by the alignment of support poles for the OCS on the median resulting in a non-linear pole arrangement in this formal area.

• The existing traffic situation in O’Connell Street, including bus traffic, will not necessarily remain unchanged in the future.

• The commitment to reinstate O’Connell Street, not just as the city’s main urban thoroughfare, but as one of the grand streets of Europe, as expressed in the O’Connell Street Local Area Plan, has been given additional strength through the designation of the street as an Architectural Conservation Area (ACA).

• The power of the O’Connell Street public domain relies on a symmetry and geometry consisting of widened pavements defined by tree planting and balanced by a central median of consistent width punctuated by the formal space of the GPO and the focal point of the Spire. The erosion of the median to the degree proposed will radically undermine the visual legibility and symmetry of the street.

6.5.8 The proposed alignment in O’Connell Street Upper is illustrated on Alignment Drawing Nos. BXD-RO 29 B-C and C-D. Further detail is also included on the Structures Drawing of the O’Connell Street Upper Stop, No. BXD ST 29 B-C3. In addition the proposals are also illustrated within the Architecture Design Strategy, Chapter 7A, Book 1 of the EIS (see A3 version) and in Slides 39-45 included in the evidence of Ms. Kiernan (RPA) at the Oral Hearing (see Section 5.3.7 above).

6.5.9 The alignment along this section was specifically considered in the Alternatives section of the EIS – see Section 2.2.4 above. This indicates that the proposed shared running alignment on the outside traffic lane on O’Connell Street Lower and through the GPO Plaza will change on O’Connell Street Upper with the alignment diverging into the median at the earliest possible point north of the Spire to minimise interaction with bus routes and stops on O’Connell Street Upper. It is also indicated that two alternatives suggested by Dublin City Council were considered. The first was to continue the alignment in the outside traffic lane for the entire length of the street. This was rejected on the basis of the number of bus stops and difficulties in crossing the junction at Parnell Street. The second was to divert into the median north of the Father Matthew Statue. This was rejected as it was considered to give rise to too much interaction with bus stops.

6.5.10 It is indicated in the evidence of Ms. Kiernan (RPA) at the oral hearing that it is now proposed that the surface level of the tracks for the central median along the north end of O’Connell Street will be level with that of the existing median (see Section 5.3.7 above).

6.5.11 The issue was discussed at some length between the parties at the oral hearing and the main points emerging are as set out at Section 5.4.3 above. The

______PL29N.NA0004 An Bord Pleanála Page 242 of 274 submission of Dublin Bus to the hearing and subsequent discussion is also of particular relevance (see section 5.5.1 above).

6.5.12 As indicated on the plans the road carriageways on O’Connell Street comprise two lanes, the inner lane a bus lane and the outer lane for general traffic.

6.5.13 In relation to the bus traffic and bus stops Figure 7.30 of the EIS indicates the existing stops at O’Connell Street Upper, all of which are envisaged for retention. Of the six stops shown four of these are located between the Spire and the Father Matthew Statue and these facilitate a number of different bus routes. It should be noted that the laybys shown on the plans are for coaches and not for city bus services

6.5.14 I agree with the submissions on behalf of Dublin City Council that the existing traffic regime, including in particular bus traffic, will not necessarily remain unchanged into the future. This is simply to recognise the inherent flexibility of bus services and the likelihood of changes to routes and stop locations over time and in tandem with evolving developments in the city. However, I would also be inclined to accept the submission on behalf of Dublin Bus in relation to the critical role of O’Connell Street in facilitating bus access to the shopping/commercial area that is focused on Henry Street. Given the inherent importance of the street itself, at the very centre of the city, and its grand scale, I consider that it is desirable that it should retain the flexibility to easily accommodate both forms of public transport, i.e. the LUAS and the bus, unless there is an overriding urban design reason for not doing this.

6.5.15 As previously noted it is accepted by Dublin City Council that a divergence of the track alignment into the median towards the north end of the street is necessary in order to achieve the necessary radius to effect the turn into Parnell Street. Their suggestion that the diversion should commence just north of the Father Matthew Statue also seems to acknowledge the break in the median that is the existing taxi rank.

6.5.16 The net difference, therefore, between the parties is that stretch of the median between the Spire and the Father Matthew Statue, a distance of approximately 140 metres. By comparison the distance from the Spire to the Parnell Monument is approximately 300 metres and the existing taxi rank extends for approximately 95 metres.

6.5.17 The stretch of median in question is, in my view, currently the weakest element of the O’Connell Street median. It is the most devoid of trees and street furniture and is probably the least used part of the median that, as a whole, is only lightly used as a promenade.

6.5.18 I am also inclined to agree with the evidence of Ms. Kiernan, for the RPA, that the GPO Plaza introduces a natural break into the axial nature of the street and that the proposed location for the change to the tram alignment as close as possible to the Spire is the best location, from an architectural/urban design perspective, for such a change. I do not consider that the change from double row to single row of trees in the median would be detrimental. The proposed

______PL29N.NA0004 An Bord Pleanála Page 243 of 274 arrangement would, in my view, retain the formal procession of groups of trees and the essential symmetry of the street layout, noting that the street is not rigidly uniform in any case. The design approach proposed for the OCS support poles, incorporating a regular spacing of poles, including luminaire poles at specific intervals, would further strengthen the axial geometry.

6.5.19 The Board should note Photomontages 13.10 – 13.12 in the EIS (Chapter 13, Book 2) illustrating the impact at the far northern end of the street.

6.5.20 I consider, therefore, that the scheme alignment on O’Connell Street Upper as proposed, is acceptable from an urban design perspective and that it should be retained.

6.5.21 The one area where I would dissent from the proposals for O’Connell Street Upper is in relation to the decision to modify the vertical alignment of the track so that it would run flush at the raised level of the existing central median (see Section 6.5.10 above). This was suggested as an attempt to further mitigate the visual and functional impact on the median. In visual terms I consider that the original arrangement, with the track running at road carriageway level within a revised, kerbed median, would be more satisfactory in itself and that it would ground, in a visual sense, the running tram in a more satisfactory manner. I would be concerned that a running tram on the modified, raised track would appear to loom over the median and be somewhat incongruous. From a functional perspective I do not consider that the original proposal would significantly diminish the promenade utility of the median, which, as stated earlier, is very lightly used for this purpose. Furthermore, I consider that it would also be a safer arrangement in promoting a greater degree of awareness amongst pedestrians of tram operations. I consider, therefore, that the Board should attach a condition to the RO requiring a reversion to the vertical alignment as originally proposed on O’Connell Street Upper.

6.6 Public Bodies Submissions

6.6.1 The written submissions lodged on behalf of public bodies are summarised at Sections 4.1.2 to 4.1.11 above. Further submissions made at the oral hearing and the RPA responses to all of the submissions are as summarised at Section 5.5 above.

6.6.2 It should be noted that the issue raised on behalf of the Dublin Docklands Development Authority, in relation to an alternative link/alignment, is addressed under Alternatives at Section 6.4.1 above.

6.6.3 By reference to the various submissions and to the RPA responses I am satisfied that all of the other substantive issues raised have been adequately addressed.

6.7 Observer Submissions – General

6.7.1 These comprise the written submissions as summarised at Section 4.2 above and the submissions made/responses received at the oral hearing as summarised at Section 5.6 above. The submissions made to the oral hearing by Joe Costello TD

______PL29N.NA0004 An Bord Pleanála Page 244 of 274 and Councillor Emer Costello and on behalf of the Dublin Cycling Campaign/Rail Users Ireland/Bus Users Society and RPA responses to same are also relevant to this section (see Sections 5.12.4, 5.12.5, 5.12.8.3 and 5.12.8.4 above).

6.7.2 All of the substantive issues raised in the observer submissions referenced at Sections 4.2 and 5.6 above are general/strategic issues in relation to the proposed scheme and have been dealt with under Section 6.4 above. Issues raised of a legal or procedural nature have been dealt with separately under Section 6.3 above. In addition, I am satisfied that the other issues raised are adequately addressed in the responses of the RPA.

6.7.3 In relation to those observer submissions referenced at Section 5.12 above I am also satisfied that the issues raised are adequately addressed in the responses of the RPA.

6.8 Observer Submissions – St. Stephen’s Green

6.8.1 The written submissions lodged by/on behalf of observers in the St. Stephen’s Green area are summarised at Section 4.3.1 above. Those presented at the oral hearing and responses made by the RPA are summarised at Section 5.7 above. The submission and response to same summarised at Section 5.12.9 is also dealt with here.

6.8.2 All of the substantive general/strategic issues raised in the observer submissions have been dealt with under Section 6.4 above. Issues raised of a legal or procedural nature have been dealt with separately at Section 6.3 above. In relation to the other issues raised, and that are generally specific to particular properties, I am satisfied that most of these are adequately addressed in the responses of the RPA.

6.8.3 It should be noted that it was stated in the evidence of Mr. Gillard for the RPA at the oral hearing (see Section 5.3.6 above) that, following a review, it is now proposed to retain existing parking and loading areas, previously proposed for removal, on the north side of St. Stephen’s Green North between Dawson Street and Kildare Street throughout the construction period.

6.8.4 The following issues are raised by a number of observers and require some further consideration: -

• The proposed construction compound. • The proposed turnback facility. • Pedestrian capacity at St. Stephen’s Green.

A number of issues raised within the submissions on behalf of Ampleforth Limited (The Fitzwilliam Hotel) and on behalf of James Adam & Sons Limited also require some further consideration.

______PL29N.NA0004 An Bord Pleanála Page 245 of 274 The Proposed Construction Compound

6.8.5 The proposed positioning of a construction compound at St. Stephen’s Green North is objected to basically on grounds related to its impact on St. Stephen’s Green and the activities that would be carried on within it. There is also the contention that it would materially contravene the development plan.

6.8.6 To the extent that objections also refer to the cumulative impact of the construction compound in conjunction with those associated with Metro North and DART Underground, this has been effectively addressed in Paragraphs 6.4.2.9 to 6.4.2.34 above. That is that concurrent construction of the projects is not now likely to occur so that, at the time of construction of LUAS BXD, only the construction compound associated with this project would be in place on St. Stephen’s Green.

6.8.7 St. Stephen’s Green is subject to a number of designations in the Dublin City Development Plan (DCDP) 2011 – 2017. These include: -

• Zoning Objective Z9 – to preserve, provide and improve recreational amenity and open space and green networks.

• Conservation Area (Georgian Core) – recognises unique architectural character and important contribution to the heritage of the city.

• Protected Structure – several items/structures listed including perimeter railings, surrounding bollards and traditional style lamp posts (at edge of external pavement) and the fountain/horse trough opposite Dawson Street (Refs. 7757-9).

St. Stephen’s Green Park is also a National Monument and this status extends to and includes the railings, gates, paving, lamp posts and bollards that surround it.

6.8.8 The locations for the construction compounds associated with the proposed scheme are illustrated on the Construction Compounds Maps in Book 4 of the EIS. It is indicated in the EIS that the main compound at Broombridge will be used as the primary location for storage of materials, plant and equipment, site offices and worker welfare facilities. The city centre compounds will primarily consist of site offices and worker welfare facilities with smaller storage units for handheld and small plant. The St. Stephen’s Green compound is indicated as having an approximate size of 137 square metres (See Table 7.2, Book 1, EIS). It is indicated that the construction compounds will generally be in place for up to four years.

6.8.9 Slide 8 of Mr. Gillard’s (RPA) evidence at the oral hearing illustrates a plan and elevation of the compound proposed for St. Stephen’s Green North. A photomontage was also submitted at the hearing. It will be noted that the compound is to be located on the park side of the road carriageway immediately to the east of the Dawson Street junction. It would comprise 4 no. mobile units, stacked to a double height of approximately 5 metres, within a timber hoarding approximately 2.5 metres in height.

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6.8.10 By reference to the general disposition of locations chosen for construction compounds along the proposed route alignment I am satisfied that the choice of St. Stephen’s Green as one such location is reasonable and justified. I am also satisfied that the size of the compound has been minimised as far as is possible and consistent with requirements and that the type of activities within the compound would be relative innocuous with little or no disruptive impacts to the wider area.

6.8.11 Noting that the compound would be placed entirely on the road carriageway and, therefore, not within the boundaries of the Protected Structure or National Monument designation, I consider that the main impact arising is in terms of visual amenity. In this regard I concur with the assessment in the EIS that the impact would be significant and negative but short term (see Section 2.2.14 above). As such I do not consider that the impact would be so detrimental as to warrant the omission of the compound.

6.8.12 I am satisfied that there is no basis to the contention that the proposed construction compound at St. Stephen’s Green would materially contravene the development plan. The compound is a necessary ancillary facility to a major infrastructure project and the development plan, not surprisingly, contains no specific reference to such facilities.

The Proposed Turnback Facility

6.8.13 Objections to the proposed turnback facility are generally based on concerns in relation to visual impact. The Board should note, in particular, the submission by Mr. Madden on behalf of the Kildare Street and University Club presented at the oral hearing and which includes an assessment of alternative locations for such a facility (see Section 5.7.2.2 above).

6.8.14 The proposed turnback facility comprises approximately 100 metres of single- track siding at St. Stephen’s Green North, east of Dawson Street. The proposed layout is illustrated on Alignment Plan No. BXD-RO 29 0-A. Further details, including, in particular, a clearer illustration of the associated pavement widening and tree reinstatement are provided in the Architecture Design Strategy of the EIS (see A3 version) and in Slide 20 of Ms. Kiernan’s (RPA) evidence in relation to the public realm as presented at the oral hearing (see Section 5.3.7 above).

6.8.15 The rationale for the proposed facility is set out at Section 6.5.3 of the EIS and this is summarised within Section 2.2.4 above. Of particular note is the function of the turnback facility for operational purposes, replacing the existing crossover on the LUAS Green Line on St. Stephen’s Green West, as well as to provide a refuge for a failed tram should the need arise.

6.8.16 This information is essentially repeated in the response by Mr. Kilfeather (RPA) to the submission of Mr. Madden at the oral hearing (see Section 5.7.2.3 above). This response also refers to the public realm improvements proposed that are associated with the facility and it deals in some detail with each of the alternative locations suggested.

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6.8.17 I am satisfied that there is a real need for the proposed turnback facility at this location both for operational reasons and to provide a refuge area for a failed tram. I am also satisfied that the facility would have little visual impact and that the associated pavement widening would, in fact, deliver some significant enhancement to the public realm in this area.

Pedestrian Capacity at St. Stephen’s Green

6.8.18 This issue arises from the suggestion in a number of the observer submissions that as many as 34,000 passengers per hour at peak times could arrive into St. Stephen’s Green as a result of the operation of Metro North, LUAS BXD and DART Underground.

6.8.19 The issue is addressed in the evidence of Mr. Gillard (RPA) at the oral hearing (see Section 5.3.6 above). This indicates that LUAS BXD will result in a reduction in pedestrian volumes assessed in both Metro North and DART Underground and that the expanded pedestrian plaza would cater for the volumes of pedestrians associated with all three projects.

6.8.20 As already indicated at Section 6.4.2 above (paragraphs 6.4.2.9 to 6.4.2.34) only two of the three projects are now likely to proceed within the timeframe allowed for in the respective railway orders and the third project will have to be the subject of a new railway order application. There is no suggestion of a pedestrian capacity constraint with just two of the projects in place and this issue could be the subject of further assessment, if necessary, in the context of a renewed application for the third project.

Ampleforth Limited (The Fitzwilliam Hotel)

6.8.21 The Board should note, in particular, the submissions and responses as summarised at Section 5.7.1 above.

6.8.22 The issues requiring some further consideration relate to the matters of noise monitoring and construction traffic access to the project works.

6.8.23 In relation to noise monitoring the request is that continual noise monitoring be undertaken at a suitable location at the façade of the Fitzwilliam Hotel for the duration of the construction works. Mr. Kilfeather (RPA) refers to practical difficulties associated with such an approach and indicates that attended noise measurements as proposed are more suitable so as to ensure no distortion from externalities/other noise sources.

6.8.24 As indicated at Section 6.4.2 above the EIS contains a range of detailed commitments/mitigation measures in relation to the control of noise during construction. The nearest receptor location assessed to the Fitzwilliam Hotel was at 6/7 St. Stephen’s Green North and at this location the predicted construction noise level is indicated at 68 dB (Laeq, 10 hour), exceeding the maximum ambient noise level recorded of 65.3 dB but substantially below the guideline daytime noise level of 75 dB (see Annexes C and C1, EIS, Book 5).

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6.8.25 As already indicated at Section 6.4.2.7 I consider that it would be appropriate, in any decision to grant the railway order, to attach a standard condition requiring noise monitoring and adherence to specified noise limits similar to those attached in the case of Metro North. In terms of noise limits these are specified in the condition relative to different categories of development including the category ‘hotel or guesthouse’. It should also be noted that this matter is referred to in some detail in the agreed position between RPA and Dublin City Council (See Section 6.5, paragraph 6.5.3 above).

6.8.26 Given the nature of the works involved in the construction of LUAS BXD, being essentially surface road works, and the lack of any evidence of the likelihood of any exceptional noise generation arising, I am satisfied that the issue can be properly addressed in the aforementioned standard condition and within the scope of the agreed position with Dublin City Council. These arrangements could potentially allow for continuous noise monitoring as requested but I do not consider that a specific condition to this effect is warranted. It should be noted, for information, that the agreement between Ampleforth Limited and the RPA in relation to Metro North does not specify that continuous noise monitoring be undertaken.

6.8.27 The remaining conditions requested in relation to noise are dealt with in the suggested standard condition and in the commitments/undertakings set out in the EIS.

6.8.28 In relation to construction traffic access the critical request is that construction traffic should not be able to access the St. Stephen’s Green Stop construction site from St. Stephen’s Green West.

6.8.29 Mr. Gillard (RPA) indicates that in the event of LUAS BXD proceeding in the absence of Metro North, the existing road traffic and access arrangements at St. Stephen’s Green would be maintained. Due to road width restrictions a haul route would have to be available along both St. Stephen's Green North and St. Stephen's Green West if existing traffic lanes/access is to be maintained and as requested in the Ampleforth submission. He also indicates that the volume of construction traffic would be very low, approximately 1 two-way movement per hour.

6.8.30 In the event of both Metro North and LUAS BXD proceeding then the access arrangements as already approved for Metro North, and which provides for the entire area at St. Stephen's Green North to be closed to traffic, would apply, the construction works for LUAS BXD being carried out within the Metro North construction compound.

6.8.31 I am satisfied, therefore, that the construction traffic access arrangements as proposed are reasonable and that access to the Fitzwilliam Hotel would be properly maintained through the construction period.

James Adam & Sons Limited

______PL29N.NA0004 An Bord Pleanála Page 249 of 274 6.8.32 The Board should note, in particular, the submission and responses as summarised at Section 5.7.4 above.

6.8.33 The issue requiring some further consideration is the request that a loading bay to be provided outside the premises.

6.8.34 Mr. Kilfeather (RPA) indicates agreement that there is an opportunity to provide a loading bay to the front of the premises, within a proposed build out area as part of the proposed traffic management measures, but that this is outside the scope of the RO application and is a matter for the Roads Authority.

6.8.35 The current traffic arrangements in this area provide, somewhat by default, for an informal loading area to the front of the James Adam & Sons Limited premises. The proposed build out would remove this facility and make direct access to the front of the premises more difficult. The request for a loading bay to be incorporated into the build out, therefore, is reasonable – such a facility would also be of use to several of the adjacent premises. However, it is a matter that is outside the scope of the RO and it should be pursued with Dublin City Council as the Roads Authority.

6.9 Observer Submissions – Grafton Street/Dawson Street/Nassau Street/TCD

6.9.1 The written submissions lodged by/on behalf of observers in this area are summarised at Section 4.3.2 above. Those presented at the oral hearing and responses made by the RPA are summarised at Section 5.8 above.

6.9.2 All of the substantive general/strategic issues raised in the observer submissions have been dealt with under Section 6.4 above. Issues raised of a legal or procedural nature have been dealt with at Section 6.3 above. In relation to the other issues raised, and that are generally specific to particular properties, I am satisfied that most of these are adequately addressed in the responses of the RPA.

Fitzers/Marco Pierre White Restaurant

6.9.3 The issue of the location of the proposed northbound stop on Dawson Street is raised in the submissions lodged on behalf of the Fitzers/Marco Pierre White Restaurant, 51 Dawson Street and requires further consideration. The initial written submission is summarised at Section 4.3.2.5 above. The matter was dealt with at some length at the oral hearing and the Board should pay particular attention to the summaries of submissions/responses set out at Section 5.8.1 above.

6.9.4 The proposed locations for the stops on Dawson Street are illustrated on Alignment Plan No. BXD – RO 29 0-A. Greater detail, including plans, elevations and sections, is provided on Structures Plans BXD – ST 29 0-A2 and A3. The Fitzers/Marco Pierre White Restaurant and outdoor seated area/terrace is indicated on these drawings. The construction of the northbound stop also requires acquisition of land and the acquisition of a wayleave. Details of the areas affected are illustrated on Property Details Plan No. BXD – P 29 0-A. The land take area is shaded grey (Ref. BXD – 290 –A2) and the wayleave area is

______PL29N.NA0004 An Bord Pleanála Page 250 of 274 shaded yellow (Ref. BXD – 290 – W1) – this latter area corresponds to the terrace to the front of the Fitzers/Marco Pierre White Restaurant. There is also a basement to the front of the premises that may be affected or be acquired (Ref. BXD – 290 – B34). The proposed northbound stop is included in Photomontages 13.1 to 13.3, Chapter 13, Landscape and Visual, EIS Book 2. The view is northwards with the stop centred on the left. Slide 25 in the evidence of Ms. Kiernan (RPA) as presented at the oral hearing on the public realm (see Section 5.3.7 above) provides a closer view looking southwards. The restaurant terrace is under the deep buff coloured awnings at the centre of the picture. The existing scene at this location is also included in the photographs in the attached file pouch.

6.9.5 The central issue is the impact of the northbound stop on the operation and commercial viability of the Fitzers/Marco Pierre White Restaurant and, in particular, on the functioning of the terrace to the front of the premises.

6.9.6 While it is clear that there will be a significant level of disruption during the construction phase, particularly associated with utility diversion works into the area of the terrace itself, the evidence is that these works are likely to be necessary even in the absence of the stop at this location. Some level of disruption, therefore, appears to be necessary and unavoidable. Though significant, the disruption would be short term in nature and, therefore, must be deemed acceptable.

6.9.7 The principal issue is the permanent and long term impact of the stop. While I accept the applicant’s contention that the proposed scheme will significantly improve the environment of Dawson Street as a whole, including a significant reduction in traffic volumes and a much improved public realm, I am inclined to the view, based on the evidence/arguments presented, that there is a strong likelihood that the proposed stop would have a detrimental impact on the operation of the terrace and, by extension, on the restaurant. The proposed stop would be one of the busiest in the city centre. It would, in my view, create an uncomfortable environment for the terrace as a result of the numbers of people coming and going and congregating while waiting for a tram. While I acknowledge there is significant pedestrian activity on Dawson Street anyway and that the existing taxi rank contributes to a busy environment in front of the restaurant, particularly in the late evenings, I consider that the impact of the proposed LUAS stop would be a significant change.

6.9.8 The applicants refer at some length to examples of restaurants across Europe that operate successfully in close proximity to trams. The well-known La Coupole Restaurant in Paris is particularly noted. The observers also reference this restaurant in concept design terms. Whilst I acknowledge that La Coupole, which also offers fine dining on a street front terrace, operates successfully in a busy city environment I do not consider that the circumstances are comparable. La Coupole is not located at a tram stop. The Board might wish to view Lacoupole- paris.com for details.

6.9.9 Alternatives for the Dawson Street Stop were considered in the EIS (see Section 2.2.4 above). However, it will be noted that both alternative options as set out

______PL29N.NA0004 An Bord Pleanála Page 251 of 274 only referred to the southbound platform – no alternative to the proposed position between South Anne Street and Duke Street appears to have been considered for the northbound platform.

6.9.10 A third alternative is suggested in the evidence of Ms. Mulcrone, for Fitzers, at the oral hearing, namely locating the northbound platform towards the north end of the street. Mr. Kilfeather’s response, for the RPA, suggests that such an option was considered and that the best option in this area would be a single island platform serving both northbound and southbound trams. It appears that this option was rejected due to conflict with bus stops at this location. A further difficulty is identified as interference with northbound service traffic accessing Grafton Street, the only access to the street, as the stop itself would be a shared running environment.

6.9.11 In relation to the bus issue it is the case as indicated in the evidence of Mr. Kilfeather (RPA) that Dawson Street is important for city bus services. As indicated in the EIS there is currently a northbound bus lane along its entire length and the street provides a stop for the majority of routes travelling northbound on the Stillorgan and Tallaght QBC’s (See Section 2.2.8.6 above). There are currently two city service stops at the northern end of the street and one at the southern end, all of which are to be retained when the proposed scheme is operational (see Fig. 7.30, Chapter 7.0, EIS Book 2). As indicated on the proposed street layout plans the bus stops would be located in bus bays off the tram lane.

6.9.12 Examining the proposed layout for Dawson Street as a whole (see Alignment Plan No. BXD – RO-29 0-A) it appears to me that it may be possible to accommodate all necessary bus stops within the long bus bay indicated at the southern end of the street.

6.9.13 Another alternative is that suggested by Ms. Mulcrone (Fitzers), that is, to retain permanently the bus route diversions that are necessary to facilitate the construction phase on Dawson Street. This proposal, as set out in the CTMS, is to re-route northbound services from St. Stephen's Green via Kildare Street, South Leinster Street, Lincoln Place, Westland Row and Pearse Street (see Section 2.2.8.6 above). A minimum of two bus stops are likely to be provided on Kildare Street. The diversion route is best illustrated on Slide 14 of Mr. Gillard’s (RPA) evidence at the oral hearing (see Section 5.3.6 above).

6.9.14 I agree with Ms. Mulcrone that this arrangement would have considerable merit whereby Dawson Street would be freed up to accommodate trams and Kildare Street would be utilised by buses, thereby facilitating efficient operation of both public transport services. Distance wise Kildare Street is approximately 300 metres from Grafton Street and less than 200 metres from Dawson Street and there is good permeability for pedestrians. It might also be possible to provide a westbound contra-flow bus lane on Nassau Street from the Kildare Street junction and, thereby, substantially reinstating the existing bus route into Suffolk Street and College Green.

______PL29N.NA0004 An Bord Pleanála Page 252 of 274 6.9.15 In relation to the issue of service traffic to Grafton Street I do not consider that delays due to the LUAS stop would be significant. Peak service frequency is one tram every three minutes with one tram every six minutes off-peak. Average dwell time at stops is likely to be approximately 30 seconds. I would also note that under the proposed arrangement similar delays are likely to occur at the proposed northbound stop which is also a shared running environment.

6.9.16 It should be noted that I also consider that a stop location at the northern end of Dawson Street, as suggested, would provide for equally good permeability through to Grafton Street as would be provided from the proposed northbound stop location – noting in particular, that the Royal Hibernian Way is closed in the evenings. Furthermore, it is indicated at Section 6.5.1.1, Stop Design, of the EIS (Chapter 6, Book 1) that a key design parameter is a preference to have stops on street sections as close as possible to traffic junctions to integrate with pedestrian facilities and reduce service delay. The location at the northern end of the street close to the Dawson Street/Nassau Street junction, with its heavy pedestrian flows that also include access/egress to/from TCD, would appear to better satisfy this design parameter.

6.9.17 In conclusion, I consider that the proposed location of the northbound platform on Dawson Street would have an unduly onerous impact on the operation of the Fitzers/Marco Pierre White Restaurant and that there is a viable alternative location for the stop at the northern end of the street. I consider, therefore, that the Board should attach a condition to the RO requiring that the proposed scheme be amended accordingly.

6.10 Observer Submissions – D’Olier Street/Burgh Quay/Hawkins Street

6.10.1 The written submissions lodged by/on behalf of observers in this area are summarised at Section 4.3.3 above. The responses by the RPA presented at the oral hearing are summarised at Section 5.9 above.

6.10.2 All of the substantive general/strategic issues raised in the observer submissions have been dealt with under Section 6.4 above.

6.10.3 In relation to the remaining issues raised, and that are generally specific to particular properties, I am satisfied that these are adequately addressed in the responses of the RPA.

6.11 Observer Submissions – O’Connell Street/Marlborough Street/Parnell Street/Parnell Square

6.11.1 The written submissions lodged by/on behalf of observers in this area are summarised at Section 4.3.4 above. Those presented at the oral hearing and responses made by the RPA are summarised at Section 5.10 above.

6.11.2 All of the substantive general/strategic issues raised in the observer submissions have been dealt with under Section 6.4 above. Issues raised of a legal or procedural nature have been dealt with at Section 6.3 above. In relation to the other issues raised, and that are generally specific to particular properties, I am

______PL29N.NA0004 An Bord Pleanála Page 253 of 274 satisfied that most of these are adequately addressed in agreements reached and/or the responses of the RPA.

6.11.3 A number of issues raised within the submissions by/on behalf of Mr. Fitzpatrick, The Metro Bar, and Q Park require some further consideration.

Mr. Fitzpatrick, 92-94 Parnell Street and 59-60 Marlborough Street (Welcome Inn)

6.11.4 This property is located on the western corner of Parnell Street/Marlborough Street junction. It comprises a licensed premise (The Welcome Inn) on the corner itself and a derelict/disused plot on Marlborough Street between the Welcome Inn and the An Bord Pleanála building. The plot is enclosed along the Marlborough Street frontage by a 4-5 metre high wall.

6.11.5 The principal issue of concern raised by Mr. Fitzpatrick is the proposed location of a technical cubicle to the front of the derelict/disused plot that fronts onto Marlborough Street (see, in particular, Section 5.10.3 above). The concern is that the cubicle would adversely affect the development potential and value of the property and that it would constitute a security risk allowing for easy access over the wall. It is also stated that in other areas less sensitive locations have been chosen for their location.

6.11.6 The proposed technical cubicle is illustrated in plan on Alignment Plan No. BXD- RO 29 C-D. In plan the cubicle scales four metres long and one metre wide. The height is not indicated but Mr. Fitzpatrick indicates that the height of similar existing cubicles is approximately 2.6 metres.

6.11.7 Technical cubicles are referred to at Section 7.3.5 EIS, Book 1. It is indicated that they are located above ground in the vicinity of tram stops and in some cases on adjacent streets. They contain equipment related to each individual tram stop such as electrical power supplies, telecommunications equipment, cable transmission network equipment and equipment for the automatic vehicle location system.

6.11.8 The response of Mr. Kilfeather (RPA) indicates that the approach is generally to seek locations that are not on main thoroughfares. Modification to the size of the cubicle is constrained but design could be employed. The RPA is amenable to alternative locations, subject to property interests.

6.11.9 As indicated a number of alternative locations were considered and rejected for the reasons indicated.

6.11.10 It is also suggested that the cubicle could be integrated into future development on the site in a similar way as is proposed at Dominick Street.

6.11.11 At the request of the Inspector, Dublin City Council commented on the matter – see Section 5.10.6 above, including further responses from RPA and Mr. Fitzpatrick.

______PL29N.NA0004 An Bord Pleanála Page 254 of 274 6.11.12 I am inclined to agree with Mr. Fitzpatrick, on the basis of the available evidence, that the placing of the cubicle as proposed would represent an unnecessary and unduly onerous imposition on his property and that it should be possible to find a more suitable location in the general vicinity.

6.11.13 In relation to Mr. Fitzpatrick’s property while it is the case that the entire property, including the Welcome Inn, is in poor condition and something of an eyesore, the location of the technical cubicle as proposed would exacerbate the existing situation. In terms of redevelopment potential the cubicle would take up approximately 40% of the frontage of the derelict/disused site and would still be a significant element even if the Welcome Inn was to be included in a redevelopment and which would be a desirable outcome on such a prominent corner site. It should be noted that the Dominick Street site referred to is a very much larger redevelopment context.

6.11.14 In relation to the impact of the cubicle on the wider environment I concur with Mr. Fitzpatrick that the cubicle would be a prominent structure on Marlborough Street standing entirely beyond the established building frontage. The location would seem to be at odds with the stated approach to generally avoid main thoroughfares and with the more successful proposals at other locations in the city centre.

6.11.15 In relation to possible alternatives I consider that several of the options referred to should be revisited by the RPA in co-operation with Dublin City Council. I am not convinced that Parnell Place is not a viable option subject, perhaps, to a protective barrier being put in place around the cubicle. Though slightly narrower the situation does not appear to be significantly dissimilar to that envisaged in Dawson Lane (see Alignment Plan No. BXD-RO 29 0-A). Thomas Lane could be examined again as could the Findlater Place option. In relation to the latter it might be possible to develop an appropriate design solution in association with the bicycle stands. This approach appears to be envisaged on Princes Street (see Alignment Plan No. BXD-RO 29 B-C). The frontage of the Eircom building on the east side of Marlborough Street, and which is recessed from the prevailing building line, might also provide a more satisfactory location, particularly if a design led solution was applied.

6.11.16 It should be noted that the proposed location for the technical cubicle is not within a line of sight of the Parnell Stop and none of the possible options referred to are more than 250 metres from the stop.

6.11.17 I consider, therefore, that a condition should attach to any grant of a railway order omitting the technical cubicle from the proposed location and requiring that it be sited at a suitable alternative location.

6.11.18 Mr. Fitzpatrick also suggests that the repaving of Parnell Street should be extended to include the south side of the street to the junction with O’Connell Street so as to avoid a partial upgrade as appears to be proposed.

______PL29N.NA0004 An Bord Pleanála Page 255 of 274 6.11.19 The extent of repaving proposed as part of the scheme is as illustrated at Slide 52 of Ms. Kiernan’s (RPA) evidence at the oral hearing (see Section 5.3.7 above). The scheme area is that between the broken pink lines.

6.11.20 Mr. Kilfeather (RPA) indicates that the RPA are willing to discuss the matter with Dublin City Council.

6.11.21 I consider, having reviewed the approach to reinstatement generally along the route of the alignment in the city centre, that the omission of this part of Parnell Street, as well as a further limited part on the south side of the street opposite the Rotunda Hospital, does appear to be anomalous and that there is a strong case for their inclusion within the scheme.

6.11.22 I consider, therefore, that a condition should attach to any grant of a railway order requiring the inclusion of these areas within the proposal scheme.

The Metro Bar, 155 Parnell Street

6.11.23 This is a licensed premises located on the northern side of Parnell Street at the proposed Parnell Stop – see Alignment Plan No. BXD-RO 29 C-D and Structures Plan No. BXD ST 29 C-D1 for greater detail including plans, elevations and sections of the proposed stop and with the Metro premises labelled. The existing keg drop for the Metro is located in the footpath on Parnell Street to the front of the premises.

6.11.24 The principal issue of concern is access to the keg drop for deliveries with stop in place. Parnell Stop will be a main stop with trams every 3 minutes at peak times. Deliveries take place 3/4 times per week between 0700 am and 1200 midday and typically take an hour to affect.

6.11.25 The proposed layout provides for a loading bay to the west, at the end of the stop platform. Parnell Place, to the east is also suggested. This is apparently already used by other premises in the vicinity. It is indicated by Mr. Gillard (RPA) that a distance of 49 metres from loading bay to keg drop is not unusual in the city centre and that the keg drop hatch could be reconfigured to face the loading area. It is also indicated that there are a number of similar instances on existing LUAS lines and that a complete pallet drop could be provided for. The RPA are willing to re-engage to explore further options if necessary.

6.11.26 This side of Parnell Street currently accommodates 2/3 bus stops (that are to be removed as part of the scheme). There is no dedicated loading bay. The bus stops are relatively lightly used during the morning peak (0800 am – 0900 pm) with the heaviest use in the evening peak (0500 pm – 0600 pm) (see Tables 16.10 and 16.11, Chapter 16, EIS Book 1).

6.11.27 Whilst I acknowledge that the new stop may create some difficulties for deliveries to the Metro Bar I do not consider that these should be too onerous or insurmountable. As indicated the proposed loading bay to the west is approximately 50 metres distant. A further loading bay is indicated to the east at about the same distance but may be easier to use given the layout of the proposed

______PL29N.NA0004 An Bord Pleanála Page 256 of 274 stop, subject to perhaps replacing the proposed steps at the east end of the stop platform with a ramp. This modification would also be required to facilitate the use of Parnell Place which appears, perhaps, to be the best option. In this regard I note the RPA’s indication of a willingness to re-engage with the issue. I do not consider that a specific condition to the RO is necessary.

Q-Park Ireland Limited

6.11.28 The primary concerns raised relate to the revised access routes to the Marlborough Street car park (Clery’s) that would arise as a result of the proposed scheme and the proposed location of a construction compound on Sean McDermot Street immediately adjacent to the entrance to the car park (see Sections 4.3.4.8 and Section 10.7 above).

6.11.29 In relation to the issue of access routes to public car parks it must be accepted that these are likely to change from time to time within a city centre and that the issue of traffic management is primarily a matter for the Roads Authority (DCC). Within this context it must also be accepted that car parks located on particular sides of the core city centre area will be more easily accessed from the corresponding sector of the city (in this case the north and east) than from other areas (for example, the south).

6.11.30 While the traffic management measures associated with the proposed scheme would impact somewhat on traffic approaching from the south, via O’Connell Street, through the creation of a longer, more convoluted approach route, such traffic would have the option of routing via Gardiner Street. The impact on traffic approaching from the north and east of the city would be less with routes via Gardiner Street or Temple Street being available as alternatives to Parnell Square. Similarly egress via these routes would also be available. Also, there is no indication that the egress route to O’Connell Street via Cathal Brugha Street is not to be maintained.

6.11.31 I do not consider, therefore, that the impacts arising would be unduly onerous.

6.11.32 In relation to the construction compound the proposed location is shown on the Construction Compounds Map, EIS Book 4 and more detail (plan and elevation) is shown on Slide 7 of Mr. Browne’s (RPA) evidence to the oral hearing (see Section 5.3.5 above).

6.11.33 It does not appear to me that there are any realistic alternatives in the area to the site chosen – the option of Cumberland Street North, as suggested, appears too distant and would be out of sight to the works areas. It appears that there may be scope for some lateral movement away from the car park entrance and some modification to the layout to mitigate sightline issues subject to the agreement of DCC. It also seems that appropriate signage can be provided.

______PL29N.NA0004 An Bord Pleanála Page 257 of 274 6.12 Observer Submissions – Dominick Street and Grangegorman

6.12.1 The written submissions lodged by/on behalf of observers in this area are summarised at Section 4.3.5 above. Those presented at the oral hearing and responses made by the RPA are summarised at Section 5.11 above.

6.12.2 All of the substantive general/strategic issues raised in the observer submissions have been dealt with under Section 6.4 above.

6.12.3 In relation to the other issues raised, and that are generally specific to particular properties, I am satisfied that these are adequately addressed in the agreements reached and/or the responses of the RPA.

6.13 Observer Submissions – Phibsborough and Cabra

6.13.1 The written submissions lodged by/on behalf of observers in this area are summarised at Section 4.3.6 above. Those presented at the oral hearing and responses made by the RPA are summarised at Section 5.12 above.

6.13.2 All of the substantive general/strategic issues raised in the observer submissions have been dealt with under Section 6.4 above. Issues raised of a legal or procedural nature have been dealt with at Section 6.3 above. In relation to other issues raised, and that are generally specific to particular properties, I am satisfied that most of these are adequately addressed in agreements reached and/or the responses of the RPA.

6.13.3 Issues raised in relation to the impact of the proposed Phibsborough Stop require some further consideration. These issues are raised, in particular, by reference to St. Peter’s Avenue and No. 311 North Circular Road (see, in particular, Sections 4.3.6.1 to 4.3.6.5 and Sections 5.12.1 to 5.12.4, 5.12.10.2 and 5.12.13 above).

Phibsborough Stop

6.13.4 The location of the proposed Phibsborough Stop is indicated on Alignment Plan No. BXD – RO 30 0-A. The stop is to be located within the former Broadstone Railway cutting between North Circular Road and Cabra Road. As indicated St. Peter’s Avenue is a short cul-de-sac off the Cabra Road comprising a terrace of five Victorian houses facing the cutting. No. 311 North Circular Road is also a Victoria property, side-on to the cutting and with a large rear garden running alongside the cutting. It should be noted that the property at 305-309 North Circular Road that abuts the cutting on its northern side is Ashley Ford Motors (Kitale Limited – see submissions at Sections 4.3.6.7 and 5.12.9 above).

6.13.5 The proposed substratum landtake associated with the stop and other works in the cutting is illustrated on Property Details Plan No. BXD – P 30 O-A. The purpose of the landtake is to facilitate soil nailing to stabilise/strengthen the railway cutting retaining walls.

6.13.6 The proposed stop is illustrated in greater detail, including plans, sections and elevations on Structures Plan No. BXD – ST 30 0-A.

______PL29N.NA0004 An Bord Pleanála Page 258 of 274

6.13.7 The concerns raised essentially focus on the impact of the proposed stop on the residential amenities of the adjacent residents both during the construction period and when the scheme is operational. The issue of an alternative location for the stop to the north side of the Cabra Road is also raised.

6.13.8 In relation to the construction phase, and noting that construction works will be for a limited and short term duration, I am satisfied that the overall approach to the construction of the scheme, as outlined at Section 6.4.2.4 above, should reasonably deal with most of the concerns raised. In this regard the mitigation measures proposed in relation to noise vibration and dust are particularly noted. It is also noted that in this area the bulk of the construction work would take place within the railway cutting, the floor of which is 4 to 5 metres below prevailing street level.

6.13.9 In relation to construction noise it is indicated in the EIS that there is likely to be significant impacts at North Circular Road and Cabra Road (see Section 2.2.8.3 above). The highest levels predicted at these locations are 77 dba and 76 dba or just slightly higher than the 75 dba daytime guideline threshold for urban areas near main roads (see Table 4.2, Chapter 4, EIS Book 3). The receptor locations at which noise predictions were made include 21-23 Cabra Road (north side of bridge opposite St. Peter’s Avenue), 294 North Circular Road (opposite No. 311) and at Ashley Motors, 305-309 North Circular Road (see Tables 2 and 3, Appendix C1, EIS Book 5). I am satisfied that these receptor locations are reasonably representative relative to St. Peter’s Avenue and 311 North Circular Road. In these areas the ambient background noise environment is dominated by road traffic volumes on the main roads. The relatively high existing ambient/background noise level in the area is borne out by the measurements taken at 21 Cabra Road and 294 North Circular Road (see Tables 1.1, 1.3 and 1.4, Appendix C, EIS Book 5).

6.13.10 As indicated in the EIS it is proposed to monitor noise levels during construction at selected noise sensitive locations. Given the particularly close proximity and orientation of St. Peter’s Avenue relative to the construction works I consider that a condition should attach to any grant of the Railway Order requiring that St. Peter’s Avenue be included in this monitoring programme.

6.13.11 In relation to vibration it is indicated in the EIS that it is highly unlikely that any such impacts during construction would result in cosmetic damage to buildings within a distance of 50 metres from the scheme works. The proposed soil nailing involves the insertion of 10 metre long; 30 millimetre diameter nails by a process of rotary drilling that is stated to cause no damage (see Section 7.5.10.2, Chapter 7, EIS Book 1 and the response of Mr. Kilfeather (RPA) at Section 5.12.13.2 above). Mr. Kilfeather (RPA) also indicates that pre-commencement structural surveys of the houses on St. Peter’s Avenue will be undertaken.

6.3.12 As indicated in the EIS it is proposed to monitor vibration levels during construction at sensitive locations. I consider that a condition should attach to any grant of the railway order requiring that St. Peter’s Avenue be included in this monitoring programme.

______PL29N.NA0004 An Bord Pleanála Page 259 of 274

6.3.13 In relation to impacts during construction relating to traffic and parking on St. Peter’s Avenue there is a commitment in the EIS that access to St. Peter’s Avenue will be maintained during works on the Cabra Road Bridge (see Section 7.6.2.1, Chapter 7, EIS Book 3). Mr. Kilfeather (RPA) indicates that pedestrian access will be maintained at all times while short restrictions will apply to vehicular access (see Section 5.12.13.2 above). While it is accepted that some inconvenience for residents will occur it will be short term and, in my view, should not be unduly onerous.

6.13.14 It is noted that a complete upgrade of utilities within the railway cutting is proposed and that this will include necessary works to private drains. Vermin control is also to be included.

6.13.15 The requested change in relation to construction working hours would only result in a 2 hour saving on a Saturday afternoon. I do not consider this to be justified or worthwhile and it would unnecessarily extend the overall construction period.

6.13.16 In relation to the impact of the scheme when operational the concerns focus on the change to the character of the area as a result of the stop, including the activity it would attract, the impacts from the operation of the trams and the stop, the visual impact of the associated structures and the impact on property values.

6.13.17 In relation to the character of the area and the activity that the stop is likely to attract issues raised include anti-social behaviour, litter, security, congestion and overlooking.

6.13.18 As illustrated on the structures drawings the entrances to the stop would be directly from the main roads, that is, from North Circular Road and Cabra Road respectively. These are already busy distributor routes with significant levels of vehicular and pedestrian traffic. While I accept that the stop would attract additional pedestrian traffic I do not consider that this would be a very significant or detrimental change to the existing regime. Those passengers entering the stop would immediately descend to the platform level some 4 to 5 metres below prevailing street level while those exiting would emerge directly onto the main roads. No significant overlooking opportunities to adjacent residential properties would arise.

6.13.19 While the stop may be busy at certain times, and the proximity to Dalymount Park, Mountjoy Prison and the Mater Hospital is noted in the submissions, this is not likely to be a regular or frequent occurrence so that I would not anticipate that congestion is likely to be a significant issue.

6.13.20 The EIS acknowledges that people at LUAS stops may cause additional noise (see Section 2.2.8.3 above). However it is stated that in general stops with nearby sensitive receptors are located in busy areas where ambient noise levels are relatively high and any such effects should be small. This scenario, in my view, applies in this case. While I would accept that St. Peter’s Avenue has a particular character that is very attractive it is, nevertheless, just off the main road and subject to the prevailing noise environment which is dominated by road traffic.

______PL29N.NA0004 An Bord Pleanála Page 260 of 274 While the entrance/exit to the stop is adjacent to the avenue it is not on the avenue and the vertical separation to the platform level provides for an effective buffer.

6.13.21 I do not accept that any significant interference with parking or access/egress from St. Peter’s Avenue should arise. I agree with Mr. Kilfeather (RPA) that the proposed pedestrian crossing and widened footpaths on Cabra Road should improve the situation.

6.13.22 In relation to anti-social behaviour, litter and security existing measures on the LUAS system are set out at Section 5.12.10.2 above. I am satisfied that these should be sufficient at this location.

6.13.23 The EIS states that there will be some intermittent noise impacts from tram bells and speaker announcements at stops (see Section 2.2.8.3 above). However, it is indicated that bells are only used for very short duration for safety reasons and that, therefore, any noise impacts from this source are likely to be slight. Audio announcements at stops would be an exceptional occurrence.

6.13.24 It is indicated in the EIS that the main source of noise is from passing trams and, in particular, the interaction between the rails and the wheels of the trams (see Section 4.4.1.2, Chapter 4, EIS Book 3). The noise assessments carried out for receptor locations at 21 Cabra Road and 294 North Circular Road indicate an overall reduction in noise levels when the LUAS is operational for both day and night periods (see Tables 4.7 and 4.8, Chapter 4, EIS, Book 3). The reductions predicted appear to be due mainly to the assumption that the operation of the LUAS, and other public transport improvements, will lead to a modal shift away from the private car resulting in less road traffic.

6.13.25 While I would acknowledge that there will be some change to the noise environment as experienced by adjacent residents to the railway cutting, arising from the change from a currently unused facility to a live tram run, it should be noted that the objections raised are not to the re-opening of the line but solely relate to the proposed stop. I do not consider that the stop would generate significantly more noise over and above that associated with running trams. I do not consider, therefore, that noise insulation measures to houses as suggested are warranted.

6.13.26 In relation to vibration the EIS identifies that the closest buildings to the track are in the vicinity of the Phibsborough Stop (see Section 5.4.1.5, Chapter 5, EIS Book 3). No significant vibration impacts are identified. It should also be remembered that the Broadstone railway cutting formerly accommodated heavy mainline rail services.

6.13.27 In terms of the visual impact of the structures associated with the proposed stop the concerns expressed relate to the entrance structures at the bridges on the North Circular Road and the Cabra Road. The structures are as illustrated on Structures Plan No. BXD – ST 30 0-A and a photomontage of the proposal at the North Circular Road Bridge is included in the EIS (see Photomontage 13.1-13.3, Chapter 13, EIS Book 3). As indicated the alterations to the bridge parapet walls are minimal. The principal new structures would be the heads of the lift shafts

______PL29N.NA0004 An Bord Pleanála Page 261 of 274 which would project approximately 4 metres above prevailing street level. The design is minimalist, featuring a steel frame and glass, and the proposed positioning, adjacent to Ashley Motors on the North Circular Road and on the far side of the Cabra Road Bridge from St. Peter’s Avenue, ensures little interference visually with adjacent residential properties.

6.13.28 I concur with the assessment in the EIS that the overall impact, from a visual perspective, would be positive.

6.13.29 Having regard to all of the above I do not consider that there is any evidence or indication in support of the view that the proposed Phibsborough Stop should have any significantly negative impact on property values in the vicinity.

6.13.30 As indicated the final substantive issue raised is the contention that the north side of the Cabra Road Bridge would be a better location for the stop as there would be less impact on adjacent residential properties.

6.13.31 The EIS contains details of the alternatives considered for the location of the Phibsborough Stop (see Section 2.2.4 above). This refers to the attractiveness, in the proposed location, of achieving access from both the North Circular Road and the Cabra Road and the achievement of more optimum stop spacing and service to catchments. It also refers to the support of DCC and the DTO (now NTA) for the proposed location.

6.13.32 The arguments in favour of the proposed location are reiterated in the response submission of Mr. Kilfeather (RPA) at the oral hearing (see Section 5.12.4 above). This submission also includes an aerial photograph illustrating the respective locations and copy correspondence from DCC and DTO indicating preference for the proposed location.

6.13.33 I concur with the reasons advanced for the proposed stop location and I consider that, in planning terms, it is much the preferred location.

6.14 Environmental Impact Assessment (EIA)

6.14.1 Introduction

6.14.1.1 This part of the assessment should be read in conjunction with Section 2.2 above, which, as indicated, sets out a summary of the main issues/impacts arising from the EIS with a focus primarily on identified significant negative impacts. Many of the most significant issues for the purposes of EIA are addressed in the earlier sections of the assessment, particularly under Section 6.4 above. Cross referencing, therefore, with this material is employed here in order to avoid undue repetition. As with the earlier parts of the assessment this EIA takes account of the further information, where relevant, contained in the observer submissions received and in the submissions on behalf of the applicants made at the oral hearing.

______PL29N.NA0004 An Bord Pleanála Page 262 of 274 6.14.2 The EIS – Information Requirements

6.14.2.1 I am satisfied that the EIS submitted with the application is substantially in compliance with the requirements set down under Section 39, Transport (Railway Infrastructure) Act, 2001 (as amended).

6.14.3 The Assessment

6.14.3.1 In accordance with Article 3 of the EIA Directive and the requirements of Section 53 and 54, Planning and Development (Amendment) Act, 2010 the assessment is carried out under the following headings:

• Human Beings • Flora and Fauna • Soil • Water • Air • Climate • The Landscape • Material Assets and the Cultural Heritage • Interactions

6.14.3.2 In accordance with the terms of the EIA Directive the focus in the assessment is on likely significant effects on the environment only.

6.14.4 Human Beings

6.14.4.1 In relation to Human Health (see Section 2.2.6 above) I am satisfied with the conclusions in the EIS of no significant impacts arising and that, in general, the proposed scheme would likely generate positive impacts.

6.14.4.2 In relation to Landuse (see Section 2.2.8.1 above) I am satisfied that the principal significant negative impacts are those identified and that the mitigation measures proposed are appropriate. In relation to the severance arising in respect of unused lands adjacent to Mount Bernard Park it was clarified at the oral hearing by Mr. Kilfeather (RPA) that this land is not referenced in the proposed scheme and that the RPA has no proposals for same (see Section 5.12.5.2 above). It is noted, however, that the RPA is engaged with CIE, DCC and DIT in relation to the area and that it is hopeful that proposals will emerge. I consider that this is a satisfactory approach to the matter.

6.14.4.3 As indicated at Section 6.9 above (paragraphs 6.9.3-6.9.17) I consider that the proposed northbound platform for the Dawson Street Stop would have a profound and negative impact on the operation of the Fitzers/Marco Pierre White Restaurant and that this can be suitably mitigated through relocation of the platform to an alternative stop location at the north end of the street. This adverse impact is not identified in the EIS.

______PL29N.NA0004 An Bord Pleanála Page 263 of 274 6.14.4.3 In relation to Socio Economics (see Section 2.2.8.2 above) I am satisfied that the principal potential negative significant impacts are those identified and that the mitigation measures proposed are appropriate and should ensure that no adverse environmental effects occur.

6.14.4.4 The primary concern under this heading, and that raised extensively in observer submissions, is the potential impact of the construction of the proposed scheme on business in the city centre and this issue is dealt with in detail at Section 6.4.2 (paragraph 6.4.2.1 to 6.4.2.7). I draw the Board’s attention, in particular, to my concluding remarks at paragraphs 6.4.2.6 and 6.4.2.7.

6.14.4.5 The concerns in relation to construction phase impacts are amplified by the prospect of cumulative impacts arising from the proposed scheme in conjunction with those from Metro North and DART Underground. This issue is dealt with in detail also at Section 6.4.2 above (paragraphs 6.4.2.9 to 6.4.2.34). I draw the Board’s attention in particular, to paragraphs 6.4.2.29 to 6.4.2.34.

6.14.4.6 When the proposed scheme is operational the conclusions in the EIS are that the impact would be positive by reference to all the parameters examined, including employment, business, tourism, regeneration/social improvement and community/social facilities. I am satisfied that this would be the case and this is also reflected in the near unanimous support for the proposed scheme in the observer submissions received. The only exception is the case of the impact on the Fitzers/Mario Pierre White Restaurant referred to at paragraph 16.14.4.3 above.

6.14.4.7 In relation to Noise (see Section 2.2.8.3 above) I am satisfied that the principal significant negative impacts are those identified and that the mitigation measures proposed are appropriate and should ensure that no adverse environmental effects occur.

6.14.4.8 In relation to Vibration (see Section 2.2.8.4 above) I am satisfied that the principal significant negative impacts are those identified and that the mitigation measures proposed are appropriate and should ensure that no adverse environmental effects occur. In relation to potential impacts on sensitive equipment at the Rotunda Hospital it should be noted that these issues are dealt in the submission on behalf of the hospital at the oral hearing (see Section 5.10.8 above).

6.14.4.9 In relation to Radiation and Stray Current (see Section 2.2.8.5 above) I am satisfied that the principal significant negative impacts are those identified and that the mitigation measures proposed are appropriate and should ensure that no adverse environmental effects occur.

6.14.4.10 In relation to Traffic (see Section 2.2.8.6 above) the principal potential significant negative impacts relate to the effects on city centre traffic during both the construction phase and when the scheme is operational.

______PL29N.NA0004 An Bord Pleanála Page 264 of 274 6.14.4.11 The issue of traffic is dealt with in detail at Section 6.4.3 above. I am satisfied, given the evolving nature of the traffic management process in the city, that there is a sufficient level of detail provided for the purposes of EIA.

6.14.4.12 I am satisfied that the CTMS is developed to a sufficient level of detail to be confident that the construction traffic impacts arising can be management effectively and without adverse environmental effects. In the longer term, when the scheme is operational, and in conjunction with the traffic management measures proposed, I am satisfied that the traffic environment within the city centre will generally be improved mainly as a result of decreased traffic volumes overall in the core city centre area. The indirect impacts, being primarily associated with some increased traffic volumes in adjacent areas being the recipients of traffic displaced from the core city centre, are not likely to be significant or adverse.

6.14.5 Flora and Fauna

6.14.5.1 See Section 2.2.9 above. I am satisfied that the principal negative significant impacts are those identified in the EIS and that the mitigation measures set out in the EIS are appropriate and should ensure that no adverse environmental effects occur.

6.14.5.2 In relation to the Royal Canal pNHA and the submission of the DoEHLG (now DoECLG), summarised at Section 4.1.10 above, it should be noted that the Departments submission to the oral hearing was confined to archaeology only (see Section 5.5.2.1 above). In relation to the queries raised re. lighting of the alignment adjacent to the Royal Canal and within the Broadstone railway cutting, where otters and/or bats occur, I consider that the Board should attach a condition to any grant of a railway order requiring lighting in these areas to be suitably mitigated.

6.14.5.3 The Board should also note the agreed position between the RPA and DCC (Conditions 82-90, see Sections 5.3.13 and 5.4.1 above).

6.14.6 Soil

6.14.6.1 See Section 2.2.10 above. I am satisfied that the principal potential negative significant impacts are those identified in the EIS and that the mitigation measures set out in the EIS are appropriate. With the implementation of the mitigation measures, and having regard to the preliminary Construction, Demolition and Operational Waste Management Plans included in Annex 1, Book 5 of the EIS, I am satisfied that there are not likely to be any significant adverse effects on the soil, or geology, environment as a result of the proposed scheme.

6.14.7 Water

6.14.7.1 See Sections 2.2.11 and 2.2.12 above. I am satisfied that the principal potential significant negative impacts are those identified in the EIS and that the mitigation

______PL29N.NA0004 An Bord Pleanála Page 265 of 274 measures set out in the EIS are appropriate and should ensure that no adverse environmental effects occur.

6.14.8 Air and Climate

6.14.8.1 See Section 2.2.13 above. I am satisfied that the principal potential significant impacts are those identified in the EIS and that the mitigation measures, where relevant, as set out in the EIS are appropriate and should ensure that no adverse environmental effects occur.

6.14.8.2 I also note the positive effects in terms of air quality that are likely to arise as a result of the indirect effect of the proposed scheme in reducing vehicular traffic and associated emissions.

6.14.9 The Landscape

6.14.9.1 See Section 2.2.14 above. I am satisfied that the principal significant impacts are those identified and that the mitigation measures where relevant, as set out in the EIS, are appropriate and should ensure that no adverse environmental effects occur.

6.14.9.2 Key elements of the proposed scheme in the context of assessing the impact on the landscape, namely, the proposed OCS system and the approach proposed towards the public realm, are dealt with in detail at section 6.4.4 and 6.4.5 above. I draw the Board’s attention, in particular, to paragraphs 6.4.4.7 and 6.4.4.8 and 6.4.5.3 and 6.4.5.4.

6.14.9.3 A further significant element of the proposed scheme, in this context, namely, the proposed track alignment on O’Connell Street Upper, is dealt with at Section 6.5 above. I draw the Board’s attention, in particular, to paragraphs 6.5.6 to 6.5.21.

6.14.9.4 The overall design approach is set out in the Architectural Design Strategy, Chapter 7A, EIS Book 1 (see A3 version) (see Section 2.2.5 above). I consider that the strategy is well thought out and takes full cognisance of the extremely high architectural heritage value and urban design quality of the proposed route alignment through the city centre.

6.14.9.5 I am satisfied that, on completion, the proposed scheme would have a permanent and long term positive effects on the landscape environment of the city. While some of the direct effects, such as the OCS, including support poles and building fixings, may be considered negative (but not significantly so, in my view), this is more than compensated for by the renaming positive direct effects, such as pavement reinstatement and the trams themselves, and the positive indirect effects being the visual impact of the operational scheme.

6.14.9.6 I am also satisfied that any cumulative landscape effects likely to arise in conjunction with Metro North or DART Underground, notably at St. Stephen’s Green and Westmoreland Street/O’Connell Street, would not be particularly significant and, if anything, in conjunction with the associated public realm improvements, the overall environmental effect is likely to be positive.

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6.14.10 Material Assets and the Cultural Heritage

6.14.10.1 In relation to Archaeology and Cultural Heritage (see Section 2.2.15 above) I am satisfied that the principal potential negative significant impacts are those identified and the mitigation measures proposed are appropriate and should ensure that no adverse environmental effects occur.

6.14.10.2 The Board should also note the submissions lodged on behalf of the DoEHLG (now DoECLG) (see Sections 4.1.10 and 5.5.2.1 above) and the agreed position between the RPA and DCC in relation to archaeology (Conditions 18-26, see Sections 5.3.13 and 5.4.1 above).

6.14.10.3 In relation to Architectural Heritage (see Section 2.2.16 above) I am satisfied that the principal significant impacts are those identified and that the mitigation measures, where relevant, as set out in the EIS, are appropriate and should ensure that no adverse environmental effects occur.

6.14.10.4 Key elements of the proposed scheme, in the context of assessing the impact on the architectural heritage, namely, the proposed OCS system and proposed public realm improvements, are dealt with in detail at Section 6.4.4 and 6.4.5 above. I draw the Boards attention, in particular, to paragraphs 6.4.4.7 and 6.4.4.8 and 6.4.5.3 and 6.4.5.4.

6.14.10.5 The overall design approach for the proposed scheme is set out in the Architecture Design Strategy, Chapter 7A, EIS Book 1 (see A3 version) (see Section 2.2.5 above). I consider that the strategy is well thought out and takes full cognisance of the extremely high architectural heritage value and urban design quality of the proposed route alignment through the city centre.

6.14.10.6 The Board should also note the submission of the DoEHLG (now DoECLG) (see Section 4.1.10 above) in relation to architectural heritage.

6.14.10.7 I am satisfied that, on completion, the proposed scheme would have permanent and long term positive effects on the architectural heritage of the city as a result of the introduction of a high quality public transport system. While some of the direct effects, such as the OCS, including support poles and building fixings, may be considered negative (but not significantly so, in my view), this is more than compensated for by the remaining positive direct effects, such as the tram themselves and public realm improvements, and the positive indirect effects, being the visual impact of the operational scheme.

6.14.11 Interactions

6.14.11.1 See Section 2.2.19 above. As indicated the key impact interactions are described in the EIS by way of a matrix and a table. I am satisfied that the principal potential impact interactions are as identified and that the effects on the environment arising should not be adverse and, in some instances, should be positive (for example, landscape, traffic and socio economics).

______PL29N.NA0004 An Bord Pleanála Page 267 of 274 7.0 RECOMMENDATION

7.1 I recommend that the Railway Order for LUAS Broombridge (Luas BXD) be granted subject to conditions.

7.2 Order to include the following: -

Preamble

(Including reasons and considerations)

AN BORD PLEANÁLA in exercise of the powers conferred on it by Section 43 of the Transport (Railway Infrastructure) Act 2001, as amended by the Planning and Development (Strategic Infrastructure) Act 2006 and as amended by the Planning and Development (Amendment) Act 2010, having considered:

• an application, duly made on the 24 th day of June, 2010 by the Railway Procurement Agency for a Railway Order to be designated as appears hereunder, authorising railway works between St. Stephen’s Green and Broombridge in the City of Dublin,

• the Draft Railway Order and documents that accompanied the application including the environmental impact statement,

• the consent given by the Minister for Transport to the granting of the Railway Order and to the designation by the Board of the railway as a light railway,

• the submissions duly made to it under section 40(3) and not withdrawn,

• the written and oral submissions made by the observers and the responses by the applicant,

• the submissions duly made to it by an authority referred to in section 40(1)(c),

• national policy as contained in the provisions of Transport 21, and which identifies the proposed scheme as a priority transport project, and the provisions of the National Development Plan 2007-2013, which endorses the Transport 21 programme, including the enhancement and extension of the LUAS network within the greater Dublin Area,

• regional policy contained in the provision of A Platform for Change (2000- 2016) and the Regional Planning Guidelines for the Greater Dublin Area 2010-2022,

• the provisions of the Dublin City Development Plan 2011-2017,

______PL29N.NA0004 An Bord Pleanála Page 268 of 274 • the agreements and undertakings between the applicant and the Local Authority (Dublin City Council) and the applicant and various parties,

• the Construction Traffic Management Strategy (CTMS) which aims to minimise traffic disruption for road users during the scheme construction, in co-operation with the road authority (Dublin City Council), An Garda Siochana and other stakeholders,

• the likely consequences for proper planning and sustainable development in the area in which it is proposed to carry out the railway works, and for the environment of such works,

and having considered the report of the Board’s Inspector, it is considered that, subject to compliance with the conditions set out below, the development of LUAS BXD, as modified by this Order: -

• would provide adequate interconnection with existing and future transportation systems enabling more sustainable travel patterns,

• would not have unacceptable impacts on the environment from construction or operation,

• would not have an unacceptable impact on traffic safety or congestion,

• would not adversely affect the character or architectural heritage value of the city centre, of any protected structures or national monument, and

• would be consistent with the proper planning and sustainable development of the area.

The Board acknowledged that the construction phase of the proposed scheme would result in some significant disruption in the city centre, particular in conjunction with the construction of Metro North and/or DART Underground. However, it was considered that such impacts were an inevitable consequence of the scale and nature of the project and that the applicants had demonstrated that comprehensive mitigation measures would be employed. The Board accepted that the long term benefits of the scheme would outweigh the short term impacts due to construction.

Thirteenth Schedule

Agreement between RPA and DCC as presented at the oral hearing.

Fourteenth Schedule

Conditions imposed by An Bord Pleanála

______PL29N.NA0004 An Bord Pleanála Page 269 of 274 Modifications to the Railway Order

1. The Dawson Stop, shall not be constructed as proposed. The proposed offset lateral platform arrangement shall be replaced by a single island platform located at the northern end of the street, between Duke Street and Nassau Street, and serving both northbound and southbound trams or some other arrangement at this location as may be deemed suitable. Details of the location and design of the revised stop shall be agreed in writing with the Planning Authority prior to commencement of the Dawson Street element of the Railway Order. In default of agreement, the matter shall be referred to An Bord Pleanála for determination.

Reason: It is considered that the proposed northbound platform would have an adverse impact on adjacent sensitive landuses and that there is a viable alternative location for the stop at the northern end of the street.

2. The vertical alignment of the track along the central median of O’Connell Street Upper shall be as originally proposed, that is, at road carriageway level within a revised, kerbed median.

Reason: In the interest of clarity. It is considered that this would be visually more satisfactory and a safer arrangement than the proposal, submitted at the oral hearing, to raise the track to the level of the median.

3. The technical cubicle proposed for the north end of Marlborough Street shall be omitted. The cubicle shall be relocated to a suitable site within the general vicinity of the Parnell Stop. Details of the location and design of the cubicle shall be agreed in writing with the Planning Authority prior to its erection. In default of agreement, the matter shall be referred to An Bord Pleanála for determination.

Reason: It is considered that the proposed location would have an adverse impact on the adjacent property and on the character of this end of Marlborough Street and that there are viable, alternative locations in the vicinity.

4. The scope of the proposed scheme in the Parnell Street area shall be extended to include full façade to façade pavement renewal/reinstatement on Parnell Street between Marlborough Street and O’Connell Street Upper and O’Connell Street Upper and Moore Lane.

Reason: In the interests of visual amenity and to achieve an upgrade to the public realm to an appropriate standard in this area.

Environmental Mitigation

5. The proposed scheme shall be carried out in accordance with all mitigation measures contained in the Environmental Impact Statement (EIS), the construction traffic management strategy (CTMS) and the scheme traffic

______PL29N.NA0004 An Bord Pleanála Page 270 of 274 management measures except in accordance with the requirements of the conditions set out below.

Reason: In the interest of clarity and to limit the environmental impact of the development.

Public Information Strategy

6. Prior to the commencement of construction, the applicant shall devise a pro- active public information strategy to function during the construction phase of the development in order to inform the public about the project and to update the public on construction progress. This shall be prepared following consultation with Dublin City Council, An Garda Siochana, other stakeholders on the Traffic Forum and representative bodies of business in the city centre. The strategy shall include the provision and manning of a central and accessible project information centre in the city centre to inform the general public on construction methodologies, the development’s progress, and the scheme’s aims and objectives. In addition, the strategy’s other public information initiatives shall include project information panels and progress updates presented at major work sites.

Reason: In order to maintain good communication about the project for the benefit of the general public, business interests and visitors to the city.

Airborne Noise

7. All noise monitoring locations for the utilities and main construction works phases shall be agreed in writing with the planning authority prior to the commencement of the utilities works. These locations shall include, inter alia, the vicinity of the Fitzwilliam Hotel at St. Stephen’s Green West and St. Peter’s Avenue, Phibsborough.

Reason: To provide for a comprehensive system of airborne noise monitoring throughout the construction works phase.

8. Unless otherwise agreed in writing with the planning authority, the following construction noise limits shall be adhered to during all phases of construction:

(a) Construction Noise Level Criteria at any Façade of a Normal Residence:

Day Period & Limit (dB) Notes Monday to Friday 75 LAeq 0700-1900 Hours *Non tonal, non- 65 LAeq 1900-2200 Hours impulsive 45 LAeq 1 Hr (2200-0700 Hours)* Saturdays 70 LAeq 0800-1630 Hours *Non tonal, non- 55 LAeq 1630-2200 Hours impulsive 45 LAeq 1Hr (2200-0800 Hours)* Sundays, Bank and 60 LAeq 0800-1630 Hours *Non tonal, non-

______PL29N.NA0004 An Bord Pleanála Page 271 of 274 Public Holidays 50 LAeq 1630-2200 Hours impulsive 45 Laeq 1 Hr (2200-0800 Hours)*

(b) Construction Noise Criteria at any Façade of any School or Church:

Day Period & Limit (dB) Notes Monday to 65 LAeq 0700-1900 Hours* *For Schools during Saturday 60 LAeq 1Hr (1900-2200 Hours) class times Sundays, Bank and 60 LAeq 0800-1630 Hours Public Holidays 50 LAeq 1630-2200 Hours

Day Period & Limit (dB) Notes Monday to Friday 75 LAeq Daytime Hours (Venue Working 60 LAeq 1900-2200 Hours Hours) Saturdays 70 LAeq 0800-1400 Hours To allow for Matinees 60 LAeq 1Hr (1400-2200 Hours)* Sundays, Bank and 60 LAeq 6 Hr (0800-1400 Hours) To allow for Matinees Public Holidays 50 LAeq 1Hr (1400-2200 Hours)*

(d) Construction Noise at any Façade of any Hotel or Guesthouse:

Day Period & Limit (DB) Notes Monday to Friday 70 LAeq 0700-0800 Hours 75 LAeq 0800-1900 Hours * Non tonal, non- 65 LAeq 1900-2200 Hours impulsive 45 LAeq 1 Hr (2200-0700 Hours)* Saturdays 70 LAeq 0800-1630 Hours * Non tonal, non- 60 LAeq 1630-2200 Hours impulsive 45 LAeq 1Hr (2200-0800 Hours)* Sundays, Bank and 60 LAeq 0800-1630 Hours * Non tonal, non- Public Holidays 50 LAeq 1630-2200 Hours impulsive 45 LAeq 1Hr (2200-0800 Hours)*

(e) Construction Noise Criteria in the case of Percussive Tools (such as Rock Breakers, Jackhammers (manual or mechanical), and Poker Vibrators) at Sensitive Receptors:

______PL29N.NA0004 An Bord Pleanála Page 272 of 274 Day Period & Limit (dB) Notes Monday to Friday 85 LA MaxFast 0700-1900 Hours No usage of percussive 75 LA MaxFast 1900-2200 Hours tools, which are audible at any noise sensitive receptor, between 2200-0800 Hours unless agreed in advance with the planning authority. Saturdays 80 LA MaxFast 0800-1630 Hours As above 65 LA MaxFast 1630-2200 Hours Sundays, Bank and No usage of percussive As above Public Holidays tools, which are audible at any noise sensitive receptor, unless agreed in advance with the planning authority.

Reason: To protect the amenity of neighbouring properties.

9. (1) During the operational phase, the façade noise level at residential properties from all combined permanent trackside/depot/stop equipment, including electrical equipment and any regular running ventilation fans which are on at night (2200-0700 hours), shall not exceed the lower of 45 dB LAeq 15Mins or the lowest recurring ambient level LA90 15Min.

(2) Night noise shall be non-tonal and non-impulsive.

Reason: To protect the amenity of neighbouring properties.

Vibration

10. All vibration monitoring locations for the utilities and main construction works phases shall be agreed in writing with the planning authority prior to the commencement of the utility works. These locations shall include, inter alia, St. Peter’s Avenue, Phibsborough.

Reason: To provide for a comprehensive system of vibration monitoring throughout the construction works phase.

Water and Drainage

11. Water supply and drainage arrangements, including disposal of surface water, shall comply with the requirements of the planning authority for such works and services. Such arrangements shall be implemented as part of the railway works.

Reason: In the interest of environmental protection and orderly development.

______PL29N.NA0004 An Bord Pleanála Page 273 of 274 Lighting

12. Lighting within the Broadstone railway cutting and along the alignment adjacent to the Royal Canal shall be to a suitable design so as not to interfere significantly with nocturnal wildlife (e.g. otters, bats etc.) Details shall be agreed in writing with the planning authority prior to installation.

Reason: In the interest of environmental protection.

______Brendan Wyse Senior Planning Inspector

29 th September, 2011. ym/sg/rk

______PL29N.NA0004 An Bord Pleanála Page 274 of 274