2 weeks Ago By Alan Erwin
Did you know with an ad-lite subscription to NorthernIrelandWorld, you get 70% fewer ads while viewing the news that matters to you. Counsel for a group of landowners also claimed the Department for Infrastructure unlawfully failed to impose any time limit for carrying out the dual carriageway scheme. Marc Willers KC submitted: “It is granting itself permission to do so in perpetuity.
This decade or the next, this century or the next.” Advertisement Advertisement The 53-mile project on the main corridor between Derry and Aughnacloy in Co Tyrone was approved by former Minister John O’Dowd in October last year. With more than 50 deaths recorded on the A5 since 2006, campaigners have been pressing for the improvements to be carried out.
The upgrade, which forms part of a proposed key cross-border business route linking Dublin and the north west, has already been held up by previous legal actions. An umbrella body of landowners, farmers and supporters known as the Alternative A5 Alliance successfully challenged earlier decisions to approve the new road in 2013 and again in 2018. Advertisement Advertisement Fresh judicial review proceedings have been brought against the Department by nine individuals on behalf of the Alliance.
They claim giving the go-ahead for the project breaches a legislative target to cut greenhouse gas emissions in Northern Ireland. In a further ground of challenge on day two of the case, Mr Willers argued that it would violate the Article 8 rights to privacy and family life of those living in the area. The court heard that nearly 400 people in more than 80 residential properties could be affected by vesting orders under this part of the A5 scheme.
Mr Willers suggested there may also be an adverse impact on other land and business owners due to ongoing uncertainty about when construction will begin. Advertisement Advertisement Citing Planning Appeals Commission (PAC) recommendations for certainty and time limits on authorisation for the project, he challenged the failure to impose a cut-off point. Sign up for a free Northern Ireland World newsletter and let us bring the news to you “The Department has made a decision which entitles it to proceed at any time it wants with the construction of the A5 road,” the barrister said.
“There are no limits whatsoever as a consequence of the decision to reject the PAC recommendation made by the PAC, and no consideration of the human rights of those I represent or any other individuals affected by the scheme.” Advertisement Advertisement During submissions he also questioned whether the planned upgrade will ever be completed. Mr Justice McAlinden was told that the scheme represents the largest infrastructure project ever undertaken in Northern Ireland.
“It is of an entirely different magnitude to any other development,” Mr Willers acknowledged. “That’s why it is giving rise to such enormous human rights implications, interference with the human rights of so many people.” But he added: “One only has to watch the news to hear of matters arising around the world that could require governments of all sizes, including the Northern Ireland government, to have to reconsider how best to spend what public funds are available.
” The hearing continues. Did you know with an ad-lite subscription to NorthernIrelandWorld, you get 70% fewer ads while viewing the news that matters to you..
