UPDATE - 05/02/2009
On Monday 2nd February Dublin City Council passed the following motion.
"The RPA have recently sent a leaflet to certain residents within the zone of influence of the Metro North Project inviting them to sign up to a Property Protection Scheme The elected members of the Central Area Committee consider it premature for the RPA to be inviting residents to sign-up to a Home Owners Protection scheme when a railway order has not been granted for such scheme. We share residents concern over the lack of detailed information being made available in the proposed scheme and we note that in DCC own submission on Metro North DCC raises concerns about the RPA’s proposal to engage a third party to manage the scheme. We are concerned that the RPA are abdicating their responsibility to a third party. As such we call on the RPA to postpone the launch of this scheme until the outcome of the Railway order application is known and the full details of the scheme have been disclosed."
The motion was submitted by Councillor Maurice Ahern, Councillor Christy Burke, Councillor Brendan Carr, Deputy Lord Mayor Councillor Emer Costello, Councillor Mary Fitzpatrick, Councillor Séamus McGrattan, Councillor Aodhán Ó Riordáin, Councillor Mary O'Shea, Councillor Tom Stafford, Councillor Maureen O’Sullivan - members of the Central Area Committee and Councillor Sean Paul Mahon.
Press release received from Cllr Mary Fitzpatrick below
Press Release: 02/02/09
Premature Metro compensation scheme falls well short
Cllr. Mary Fitzpatrick calls on RPA to withdraw property protection scheme
Cllr. Mary Fitzpatrick has called on the Railway Procurement Agency (RPA) to withdraw its compensation scheme for residents experiencing property damage during the construction of the Metro. Under the scheme, the RPA will undertake to mitigate damage with each property qualifying for a maximum of €30,000 in compensation. Mary Fitzpatrick has criticised the scheme for being premature, flawed and short on detail.
Reasons why the RPA should withdraw the Property Protection scheme
Railway Order has yet to be granted.
• Before the RPA can proceed with the construction of the Metro, it must secure a Railway Order from An Bord Pleanala. If granted, the order will set-out the terms and conditions under which the construction can proceed. It is premature for the RPA to offer a compensation scheme to residents before these conditions are known.
Extent of damage mitigation work unclear
• The RPA has stated that it will carry out work to mitigate any potential damage. However, the RPA intends that its own assessor will decide how much mitigating work is required.
• Once the Railway Order is granted, Mary Fitzpatrick recommends that the RPA provide each affected householder with full details of the mitigation works that they intend to carry out. Before publication, these plans should be independently assessed and modified accordingly.
Compensation offered may not be cover potential damage
• The independent assessor should indicate the appropriate level of compensation cover. It is possible that a ceiling of €30,000 will be more than sufficient to pay for any damages, but it is impossible to tell if this is the case now.
Commenting, Fitzpatrick said,
“I support the principal of a property protection scheme. However, it is premature for the RPA be promoting the scheme to residents until the Railway Order is signed and we have full and independent details on planned mitigation work. The RPA has a duty of care to residents and as such should withdraw this scheme now. I would strongly advise residents not to sign-up to the scheme in its current form.”
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