Metrolink compensation cap rises to €75,000 after criticism of ‘inadequate’ fund

Conservation specialist to carry out surveys on qualifying properties, with commercial properties included

An artist's impression of the proposed entrance to the Charlemont Metrolink station. Photograph: Metrolink.ie
An artist's impression of the proposed entrance to the Charlemont Metrolink station. Photograph: Metrolink.ie

The top amount available for a compensation scheme for Dublin homeowners for damage caused by the proposed Metrolink project has been increased to €75,000 from €45,000 and the scope of the scheme extended.

It has also been clarified that the scheme will be open to owner-management companies in relation to residential common areas, landlords of residential properties, and houses immediately adjoining a property that qualifies for the scheme.

Furthermore, according to a statement issued on Wednesday by Aidan Foley, the Metrolink project director, qualifying properties on the Record of Protected Structures will have a survey carried out by a conservation specialist and if there is a commercial entity that is part of the residential property (such as a shop on the ground floor), it too will be surveyed as part of the scheme.

Earlier this week Jerry Barnes, a director of MacCabe Durney Barnes, addressing the Metrolink planning hearing on behalf of residents in Charlemont Square and Dartmouth Square in south Dublin, said that there was a potential for very significant damage to property, and that the compensation scheme amount was inadequate.

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“€45,000 – what can I say on behalf of the residents?” Mr Barnes said. “You might get wallpapering done.”

The planned 18.8km rail line is to run from north of Swords to Dublin Airport, then on to Ballymun, Glasnevin, O’Connell Street and St Stephen’s Green, before terminating at Charlemont, with 16 stations along the route.

Mr Foley, in his statement, said Transport Infrastructure Ireland (TII) has sought to resolve issues by way of consultation and has listened to concerns relating to the Property Owners’ Protection Scheme (Pops) scheme.

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The voluntary scheme allows residential property owners register their property with TII if it is within 30m (98ft) of the edge of the Metrolink Tunnel Alignment or 50m (164ft) of station structures.

Mr Foley said an independent dispute resolution process would be established as an additional layer of comfort for property owners.

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“Where property damage is confirmed to have been caused by Metrolink works, and is in excess of €75,000, the property concerned will have recourse to Metrolink project insurances,” he said.

“In that case, TII will make available its framework of contractors to expedite the works as soon as is practical. Our position remains the same however: we do not envisage claims being made which would reach this threshold.”

The new €75,000 threshold is subject to adjustment in line with the Consumer Price Index, in order to address concerns about inflation.

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent