A5 WTC (New Road from Aughnacloy to Derry)

[seafoid]

https://m.belfasttelegraph.co.uk/news/courts/part-of-legal-battle-over-proposed-17bn-a5-upgrade-to-be-sent-back-to-high-court/a1645208024.html

Part of a legal battle over the proposed £1.7bn A5 road upgrade is to be sent back to the High Court, senior judges ordered today.

Two Stormont departments are currently involved in an appeal against a ruling that halted the major dual carriageway scheme for not complying with climate change targets.

But Lady Chief Justice Dame Siobhan Keegan confirmed that a newly raised point must first be determined by the judge who quashed the decision to approve the project.

The issue, related to the potential impact on Northern Ireland achieving net zero goals, emerged at the start of the hearing in the Court of Appeal.

"Suffice to say we find ourselves in a difficult and unsatisfactory position," Dame Siobhan said.

"We are going to remit part of this appeal to the first instance judge to hear arguments on the case now advanced by DFI (Department for Infrastructure) and Daera (Department of Agriculture, Environment and Rural Affairs)."

[Dougal Maguire]

Excuse my ignorance but is this good news or bad news for those of us who want to see the road built?

[David McKeown]

Excuse my ignorance but is this good news or bad news for those of us who want to see the road built?

Neither really. It's a strange and rare occurrence for the case to have proceeded like this.

[giveherlong]

It gets worse
Any idea of timescales?

[seafoid]

https://m.belfasttelegraph.co.uk/news/courts/more-than-50-people-killed-on-a5-could-still-be-alive-if-road-upgrade-plans-hadnt-been-held-up-court-hears/a58678562.html

More than 50 people killed on A5 could still be alive if road upgrade plans hadn't been held up, court hears

There have been more than 50 deaths on the A5 since 2006 (Liam McBurney/PA)

Alan Erwin

Today at 17:30

More than 50 people killed on the A5 over the past 18 years could still be alive if plans to upgrade the road had not been held up, the Court of Appeal heard on Wednesday.

Counsel representing a campaign group supporting the proposed £1.7bn dual carriageway scheme described it as a "haunting reality" for the victims' families.

Stephen Toal KC also claimed just two landowners involved in a legal challenge to the project would lose less than 1% of their property in the section of road under scrutiny.

Backing Infrastructure Minister Liz Kimmons' attempt to overturn a ruling that the current project is unlawful, he argued rights to life and ensuring public safety must outrank any alleged breach of privacy.

Proceedings centre on a decision taken last year to approve the 58-mile development between Derry and Aughnacloy in Co Tyrone.

First announced back in 2007, the scheme forms part of a proposed key cross-border business route linking Dublin and the north west.

Since then, however, it has been held up by a series of legal actions.

Read more

Part of legal battle over proposed £1.7bn A5 upgrade to be sent back to High Court

Companies which have made millions from delayed A5 road scheme

In June this year the High Court quashed the Department for Infrastructure (DfI)'s decision to give the go-ahead for the A5 upgrade.

A judge found the dual carriageway plans did not comply with climate change targets.

Mr Justice McAlinden also identified a failure to properly show consideration of human rights issues due to the uncertainty from not imposing a time limit for construction.

With 57 deaths recorded on the A5 since 2006, he acknowledged additional delays in progressing the development were likely to coincide with further loss of life on the existing route.

The verdict followed the latest challenge mounted by a group of local residents, landowners and farmers known as the Alternative A5 Alliance.

But a campaign body formed after Tyrone Gaelic footballer John Rafferty, 21, was killed on the A5 in October 2022 urged senior judges to allow the Department's appeal.

Mr Toal, representing the Enough is Enough grouping, told the court that another nearby road, the A4, had a similar death rate until it was replaced by a new dual carriageway.

That upgrade led to a 97% reduction in the loss of life on that route, according to the barrister.

He equated it to "dozens of children, brothers and sisters, mothers and fathers, who will occupy their chairs at the Christmas dinner table".

Based on a similar reduction for tragedies on the A5, counsel submitted: "Had this road gone ahead when it should have in 2007, of the 57 dead in the past 18 years 55 of them could still be alive today.

"That is the haunting reality for these victims."

There have been more than 50 deaths on the A5 since 2006 (Liam McBurney/PA)

Unmute

1010

1:18

4:17

'The A5 is like Russian roulette': Families call for action after court blocked £1.7bn road upgrade

Mr Toal further insisted the Alternative A5 Alliance's qualified right to private and family life under Article 8 of the European Convention on Human Rights must yield to the fundamental Article 2 duty to protect human life.

He argued that only two out of the nine people who took the challenge would lose land under the authorised section of the scheme.

Disputing an assessment that one of them may have to give up 21% of his workable terrain, Mr Toal contended that official figures showed the two applicants would actually forfeit around 0.5% each.

Lady Chief Justice Dame Siobhan Keegan, sitting with Lord Justice Treacy and Mr Justice Humphreys, was told vesting had already taken place on the land at stake.

"This is not a complaint by 100s of people worrying about uncertainty," Mr Toal added.

"It is a complaint by 2 people... in a claim where the practical effect is profoundly detrimental to tens of thousands of other citizens.

"It was an error to quash this life-saving project on the basis of an Article 8 complaint that affected a tiny number of people, who arguably weren't even affected at all as a result of the

vesting."

Counsel for the Alternative A5 Alliance, Marc Willers KC, stressed his clients were not claiming their human rights should trump those of bereaved families in the Enough is Enough group.

"It's all about the question of whether or not a time limit should be imposed... nothing more, nothing less," he said.

Mr Willers also disputed what he described as an attempt to "recast" the amount of workable land one of the farmers would have to relinquish under the scheme.

He told the court: "It is 21% of the usable land of his farm, not 1%, and that hasn't been rebutted by the DfI."

The appeal continues.

[David McKeown]

It gets worse
Any idea of timescales?

Think I was reading it was to go back before McAlinden next week for a speedy determination

[giveherlong]

It gets worse
Any idea of timescales?

Think I was reading it was to go back before McAlinden next week for a speedy determination

Any indication what way that might go? If it is the same outcome is that the appeal dead in the water?

[David McKeown]

It gets worse
Any idea of timescales?

Think I was reading it was to go back before McAlinden next week for a speedy determination

Any indication what way that might go? If it is the same outcome is that the appeal dead in the water?

I haven't been about enough this week to have any real info. It's unusual that the Court would remit part of the case but go on to consider the Appeal anyway. So I imagine they will ask McAlinden for a finding. Then they will consider the issue themselves probably early new year but that's me putting 2 and 2 together.