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SCHEME UPDATE APRIL 2013: LEGAL CHALLENGE

On 10 September 2012 a group known as the Alternative A5 Alliance sought a Court Order to challenge the Minister for Regional Development’s decision to proceed with the A5 dual carriageway scheme.

On 12 March 2013 the High Court rejected the overwhelming majority of the applicants’ grounds of challenge. However one of the applicants’ grounds was upheld, as the judge found that an appropriate assessment under the Habitats Directive should have been carried out in relation to Special Areas of Conservation.

A screening exercise, as allowed by the Habitats Directive, was previously carried out on behalf of the Department, the findings of which were agreed with the Northern Ireland Environment Agency and the National Parks and Wildlife Services (ROI). This concluded that a full appropriate assessment was not required as the opinion formed suggested there was no significant risk to the Special Areas of Conservation..

At a further hearing on 8 April 2013 the judge confirmed he would quash the Orders relating to the A5 scheme. The decision of the court means that there will be a delay, while further assessment work is completed.

The NI Executive remains committed to the dualling of the A5. Roads Service and its consultants are, therefore, undertaking the additional work required by the court as quickly as possible, to minimise the delays.

INSPECTORS’ REPORT, DEPARTMENTAL STATEMENT, ORDERS AND LEGAL JUDGEMENT

Please click on the appropriate links below to view the relevant document.

JUDGEMENT

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SUMMARY OF JUDGEMENT

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INSPECTORS' REPORT

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DEPARTMENTAL STATEMENT

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VESTING ORDER

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SUPPLEMENTARY VESTING ORDER

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DIRECTION ORDER

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SUPPLEMENTARY STOPPING UP ORDER

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ENVIRONMENTAL STATEMENT

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LAND & PROPERTY SERVICES

Compensation Guides

Land & Property Services is an Executive Agency within the Northern Ireland Department of Finance and Personnel. It provides advice to Government Departments and other public bodies on the assessment of compensation following acquisition of land.

The following links relate to the Compensation Guides produced by Land & Property Services, which gives guidance on compulsory purchase and associated compensation. There are three documents covering compensation issues, including:

  • Agricultural Owners and Occupiers
  • Business Owners and Occupiers
  • Residential Owners and Occupiers

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