DART+ (DART Expansion)

The High Court is examining the decision as a whole. The High Court really only has two options:

• Upload the decision of ABP to grant permission
• Quash the decision of ABP

When quashing the decision they can decide to remit it back to ABP for another decision from scratch or they can effectively declare the whole process invalid and require a new planning application from Irish Rail, which would require updated environmental analysis, which would take months-years to prepare.

For long linear infrastructure projects should the Oireachtas give more nuanced powers to the High Court to allow for more nuanced decisions? Yes. Is that in the new 700 page planning bill? No, because the new planning bill is the dreams of private developers who almost exclusively deliver very site specific projects rather than public projects that tend to be larger in scope.

I didn't realise that they can quash only part of a RO. It would be hilarious if the High Court quashed the underpass at Ashtown but allowed the LC closure to proceed.

IÉ can proceed with anything until the outcome of the JR has been decided. The decision can still be to quash the whole lot. Even a partial quash could materially effect the rest of the project.

I just feel sorry for the vast majority of local people who want this to happen when it's the very small minority who manage to disrupt things for everyone else.

I was just thinking about the presentation given by Paul Hendrick, decarbonising Ireland's railways, and at the beginning he lists a number of successful projects he's been part of. I imagine it's definitely something people think about before committing to work on a project.

"…Do I want to be 30 years old and the only project I have on my CV is a failed railway upgrade that took 10 years and ultimately got canned?"

Fairly sure this is one of them, Gowan = Bright Motor Group which is the car place next to Ashtown Stables

https://services.courts.ie/high-court-search?caseRecordId=H.JR.2024.0001133

On the legislation, the part you quoted doesn't say anything about being able to continue, just says the specific section being JR'd can be declared invalid. Another clause in your link says it's up to the court whether to suspend the railway order while the review is being decided. I'd say that implicitly means they can't continue until the court decides one way or the other.

"Notwithstanding an application for leave to apply for judicial review under the Order against a railway order, the application shall not affect the validity of the railway order and its operation unless, upon an application to the High Court, that Court suspends the railway order until the application is determined or withdrawn."

NTA were in a Wicklow CC meeting recently and said the consultation on (what's left of) Dart South would start next month.

But maybe they don't want compensation, maybe they want to keep their businesses open.

Jusding by the plans, it only looks like they're losing a small portion of their parking anyways? It's not like their whole site is being CPO'd.

Gowan Motors are losing 80 car spaces. For a business that buys and sells cars, that is a pretty significant impact.

IE's own assessment is that Burke Bros cannot continue to trade after the work.

I don't disagree, and of course there's no solution that will keep everyone happy.

But look at it from their perspective, Plan A comes out, IE have been working on this for years, this is the preferred option.

Only then there's a big public uproar about the loss of the stables, so IE come back with Plan B and suddenly the stables are saved but these businesses are facing the axe. So now we don't know, is this really the best solution for the train line, or the most expedient one?

So if I'm Mr Burke, I'm going to wonder why the stables are sacrosanct and my business (which was there long before IE gave a shite about this train line) is suddenly expendable. Sure, IE can say "we'll compensate you" but what if they don't want that, what if they want to continue the business they've spent years and years building up?

Again, I understand that there's no perfect solution here, but at the same time, characterising the objections as 'delaying tactics' or 'disrupting things for everyone else' is unfair IMO. Expecting people to just roll over and suck it up for the greater good is not realistic. People are just as entitled to apply for a JR as IE are to apply for an RO, particularly if their objections during consultations were not addressed.

My takeaways here are;

1. If IE thought this RO was going to be granted and no-one was going to raise further objections, they are at best incredibly naive and at worst grossly incompetent.
2. If IE did not have a contingency plan to identify parts of the work that could proceed in the event of a JR for certain sections (noting that this is explicitly foreseen in the legislation), then they are at best lazy and at worst grossly incompetent.
3. If the objections are as frivolous and petty as are being made out here, then the High Court will not entertain them, so let's see how it goes. But if a randomer on the internet can pick gaping holes in IE's position, imagine what some sleazy barrister will do.

I'll say it again, like I've been saying since the start of this process - IE simply cannot handle anything of this magnitude. Any objections are manna from heaven for them because it gives them a scapegoat for not having done anything. It has to be taken out of their hands and they should be brought on board when the work is done and the trains need to be driven.

There is a 2nd judicial review on the courts.ie search in the name of Burke Brothers.

I can't post links yet but the reference is H.JR.2024.0001140

I don't know how the cpo process works but could this simply be down to horse trading? I mean presumably an independent valuation has been done, and then a cpo offer of valuation+x has been made. Then maybe a bit of haggling between the legal teams with ultimately IE making a final (and hopefully fair) offer, and then if the owner doesn't want to accept they threaten the JR. And now it's let's see who blinks first?

It's not a great precedent but at this stage and with the importance of the project just give them what they're asking for.

I think the Maxol on Constitution Hill that was very much in the way of Luas Cross City may have got a wedge on a similar basis.

I see. I thought there were some judicial review documents available somewhere. Is it available on the DART+ website?

Good to see some focus on this. The disaster of the recent timetable changes proves how much this is needed. One would almost think it was disaster by design!!! Either way, the 4-tracking will certainly have increased support now.

Hopefully it can be fast tracked.

https://www.irishtimes.com/transport/2024/10/09/irish-rail-to-unveil-plans-for-new-tracks-through-north-dublin/

Irish Rail is going to be focused on Dart Plus for the next while, it would be brilliant if they could have four tracking of the Northern line going through the planning process as Dart Plus is being constructed, and then ready to start construction as soon as Dart Plus is finished.

And hopefully the line to Navan as well.

Cannot really blame IÉ for the lack of funding from the government for such projects.

Because there's specific EU funding for this stage of the process.

More money can't really change the current glacial projects which are victims of Ireland not having a usable planning process.

Including quad tracking in dart+ could have added a billion to headline costs. Politicians are simple creatures, they react emotionally to headline figures.

The recent timetable chaos in IÉ isn't surprising to IÉ. They knew it wasn't doable with current infrastructure but doing it none the less served as a demonstration of the need for quad tracking to those in power

Those projects are fairly advanced though in terms of what they can do.

They are also already funded.

What I think is happening here is that Irish Rail are using the recent publicity on the timetables to look for a slice of the Apple money. Election szn.

I’d prefer DART Underground but I’m fairly sure the NTA are hostile to it and we won’t get movement on that until DART+.

i know money wasn't always available, but at the very minimum they should have been pushing the government to sterilise the land so it couldn't be built on.

Irish Rail is a government operation, they are told to tow the line and stick with the political goals of the day. You stay in line to get the money, go off script you won't be the CEO for much longer

Well then he’s not told the Committee the truth as what I’ve posted above is what he said there yesterday.