Compulsory Purchase Order (CPO) Guideline September 2020 Compulsory Purchase Order (CPO) Guideline September 2020 MetroLink and the Compulsory Purchase Order Process Introduction MetroLink is the proposed high-capacity, benefits to the thousands of passengers who high-frequency rail line running from will use the service, and through reduction Swords to Charlemont, linking Dublin in vehicular traffic and carbon emissions, to Airport, Irish Rail, DART, Dublin Bus and Luas wider society and the economy. However, services, creating fully integrated public for property owners/occupiers who are the transport in the Greater Dublin Area. subject of a compulsory purchase order, it can pose challenges and uncertainty. As well as linking major transport hubs, MetroLink will connect key destinations To give effect to this, a Railway Order (‘RO’) including Ballymun, the Mater Hospital, the is required and it is intended that this guide Rotunda Hospital, Dublin City University will provide an overview of the various and Trinity College Dublin. stages involved in the application for such a RO, including the land acquisition process. MetroLink will carry up to 50 million passengers annually, cutting journey times The purpose of this document is to explain from Swords to the city centre to 25 that process to those affected and provide minutes. It will change the way we travel – information and clarity around the steps and how we live. involved. Much of the 19 kilometre route is The content of this guide is provided for underground. There will be two single bore general information purposes only and tunnels; a short one under Dublin Airport, does not constitute legal or other advice. and a longer one from Northwood to Charlemont. Each tunnel will contain both north and south running rail lines. Each Overview will be constructed using a Tunnel Boring Machine. MetroLink Railway Order Application to An Bord Pleanála The biggest impact of MetroLink’s construction and operation will be: Transport Infrastructure Ireland (TII) will publish notices in suitable newspapers 1. Where the route is above ground, either outlining the intention to lodge a RO “at grade” (ground level) or in “cutting” application six weeks prior to lodgement. (below ground level but not in tunnel). This will be the case from Estuary to the This application itself follows the notice and north side of Dublin Airport and from the includes: south side of Dublin Airport to Northwood. 2. At station locations whether underground • Draft RO or at street level. • Plan of the proposed works • Book of Reference indicating the identity At these locations, a requirement will arise of the owners and occupiers of lands for MetroLink to purchase land and property described in the plans either permanently or temporarily. • Environmental Impact Assessment Report MetroLink will be the single biggest • Appropriate Assessment Screening investment in transport infrastructure in the Report and Natura Impact Statement history of the state and will deliver significant 1 Compulsory Purchase Order (CPO) Guideline September 2020 The identification of the extent of lands Compulsory Acquisition Process required and reputed ownership/occupier details are indicated in the Books of Following the commencement of the RO, Reference. TII may initiate the compulsory acquisition process. Given the scale of the project, A copy of the newspaper notice and there are a number of public and privately relevant extracts from the draft RO and owned properties that will be impacted supporting documents is served on all where the acquisition, whether in whole or owners/occupiers of land referred to in the in part, will be necessary. draft RO. TII is authorised to acquire any rights in, An Bord Pleanála Consideration of the under or over land or any substratum of Application land specified in the RO. Interested parties may make submissions to TII must publish a newspaper notice An Bord Pleanála (‘ABP’) within a specified outlining that the RO has been confirmed time period (six weeks at a minimum) as set in respect of all or part of the land to be out in the newspaper notice in relation to acquired, and outlining where a copy of the the proposed RO or its likely effects on the RO and a map of the land to be acquired environment. may be accessed. ABP may, at its absolute discretion, hold TII must serve a ‘Notice to Treat’ on an oral hearing into the RO application. landowners, occupiers and holders of any Given the scale and extent of the MetroLink interest in the relevant land, including the project it is highly likely that an oral following: hearing will be held similar to past RO applications such as the Metro North and • A statement that TII is willing to treat for Dart Underground applications. the purchase of the relevant interest(s); • A requirement for the recipient(s) to state An Bord Pleanála Decision/Making of a within a specified period (minimum one Railway Order month) the exact nature of the interest in respect of which the recipient will ABP considers the application and decides claim compensation; and whether to make the RO, refuse the RO • If required by TII, distinguishing separate application or make a RO in amended/ amounts of compensation in such a different terms to the draft submitted. manner as may be specified in the Notice The RO may include provisions such as to Treat, and showing how each amount details of any land or substratum of land, is calculated. the acquisition of which is necessary for giving effect to the RO and details of any Following service of the applicable Notice(s) rights in, under or over land, water or any to Treat, and after giving 14 days’ notice public road, the acquisition of which is in writing to the relevant landowners/ necessary for giving effect to the RO. occupiers, TII is authorised, subject to service of a ‘Notice of Entry’, to enter onto and take ABP issue a decision to make the RO and possession and use of the relevant land. must, as soon as possible after making the RO, publish newspaper notices regarding the making of the RO. The RO comes into operation after eight weeks if no application for leave to apply for judicial review has been lodged or upon the final determination of any judicial review proceedings, or following the withdrawal of any judicial review proceedings. 2 Donabate METROLINK !! SWORDS - CHARLEMONT !! MetroLink Station !! !Ã! MetroLink Interchange P&R Park & Ride ! ! Malahide A End of Tunnel !! 3 3 Bridge Embankment Station !! Cutting 1 Station M !! Surface Level !! Tunnel o Kinsealy Portmarnock DART Commuter Rail Services LUAS - Red Line !! (Future Station) 3 LUAS - Green Line M50 3 !! Donaghmede Baldoyle Poppintree Santry Darndale !! Ballymun Edenmore 50 Finglas M Coolock !! Kilbarrack Artane Whitehall Glasnevin Raheny Donnycarney !! Castleknock Ashtown !!! Killester Drumcondra Marino Cabra Clontarf Dollymount !! !Ã! !! !! ! L ! NA CA ! D AN GR !! Phoenix Park !! !! !! !! !! ! ! ! ! ! !! ! ! !! ! ! !!! ! ! !! !! !Ã Chapelizod ! ! !! ! !! ! Ã! Islandbridge I2 !! ! Heuston Station !! !! Ringsend Ballyfermot ! Kilmainham !! ! !! !! !! !! !! A Inchicore !! End !! Dolphins Barn !! !! of !!Ã! Sandymount Tunnel !! Drimnagh Crumlin !! ! !! Harolds Cross Ranelagh A ! Rathmines !! Beechwood Donnybrook Rathgar Walkinstown !! Clonskeagh !! Greenhills Kimmage !! Terenure Booterstown ! ! !! Rathfarnham Blackrock !! Mount Kilnamanagh Merrion Templeogue Willbrook Monkstown Churchtown !! Goatstown !! !! Deansgrange !! Tallaght Ballyboden !! Knocklyon Sallynoggin Firhouse !! !! Foxrock M50 Ballinteer 3 !! Cornelscourt Sandyford N M50 11 M !! 5 0 Cabinteely Compulsory Purchase Order (CPO) Guideline September 2020 Frequently Asked Questions in relation to Compulsory Purchase and Compensation Q . What is a Compulsory Purchase Order Submission and objections relating to (CPO)? compensation may be disregarded since A. A CPO is a legal function which allows there is a separate procedure for resolving certain statutory bodies to acquire land and disputes regarding compensation. property for large projects such as road and railway schemes where a compelling case Q . What is the purpose of Compulsory in the public interest can be demonstrated. Purchase and Compensation? Compulsory purchase powers are provided A. MetroLink must demonstrate that the to enable the acquiring authority to taking of land is justified and that there is acquire land, property and other interests a compelling case in the common good (including new rights) compulsorily to carry for land which has been identified for the out their public function. scheme. Q . Who authorises a CPO? The principle of compulsory purchase A. Any statutory body with specific powers compensation is generally to seek to place to do so. For transport projects, these the affected party in no better or worse include local authorities, TII, Iarnród Éireann position than prior to the compulsory and the National Transport Authority (NTA). purchase. Compensation is assessed and CPO powers cannot be exercised until after paid in accordance with the statutory the order has been confirmed. compensation code which applies to the compulsory acquisition of land, property Q . When does the CPO process and other interests. commence? A. Land, property and other interests The nature and amount of compensation (including new rights) can only be acquired payable will depend on the specific once the RO has been confirmed by ABP. circumstances. Typical heads of claims The process leading up to confirmation can may include: