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Belfast Telegraph
7 days ago
- Politics
- Belfast Telegraph
Stormont Executive has failed A5 victims and cost of putting a wrong right is spiralling
The High Court judge ruled that the decision to give the go-ahead for the dual carriageway scheme was rendered 'irrational' by previous pledges on climate control. The Department for Infrastructure failed to convince the High Court that upgrading the road would not prevent Northern Ireland meeting the net-zero target by 2050, a pledge made in the 2022 Climate Change Act. Former Stormont Infrastructure Minister John O'Dowd gave the go-ahead for the 53-mile development between Derry and Aughnacloy in October last year, he has since handed over to party colleague Liz Kimmins. Sinn Fein also voted in favour of the climate act that the High Court now states is incompatible with the current A5 build. The was a face-off in court between locals and landowners v politicians and bears a remarkable resemblance to the court cases mounted by residents that prevented the building of Casement Park back in 2014. The initial approval was quashed by a judge following a legal challenge from residents who were concerned about the stadium's size and potential impact on their area. As a result the build was delayed and costs spiralled, with a huge funding deficit still holding back the project. Earlier this year the Executive agreed a Programme for Government 2024-2027, which outlines its priorities and is a delivery plan for the remainder of this Assembly mandate. It included a pledge that: 'Actions will include progressing delivery of the A5 Western Transport Corridor and publishing an annual Action Plan to support the Road Safety Strategy'. Given the High Court judgment this week it would seem almost impossible to meet that commitment. Solicitor for Alternative A5 Alliance: Quashing of road upgrade is an "extraordinary accomplishment" Timing is key as was noted in the ruling , with the judge saying there was a 'failure to properly show consideration of human rights issues in not imposing a time limit for construction'. Time limits for any building works in Northern Ireland are notoriously difficult to pin down. Perhaps the most startling line of that ruling were the acknowledgement of potential fatalities. 'It is likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road', said Mr Justice McAlinden. It is already too late for the 57 people who have died on the stretch of road since 2006. 'I am acutely aware that this decision will bring significant, fresh anguish to the doors of those who have been injured and maimed and those who have lost loved ones as a result of road traffic accidents on the existing A5 road,' the judge added. They include Marie O'Brien, whose daughter Caoimhe died in a crash on the A5 in 2016 — she described the ruling as a 'punch in the gut' — and the family of Tyrone Gaelic footballer John Rafferty, 21, killed in a crash in October 2022. The A5 Enough is Enough group set up after his death said the road is 'a death trap'. The judge in this case could only rule on the law in front of him and not the emotions of the case, this was clear in his judgment. The ruling leaves the upgrade of the road in limbo, with no clear path as to how the minister can deliver the pledge to upgrade the road. It will require a community to look inward and decide what they prioritise in terms of the future and if those who oppose the build now consider what they would accept in terms of a future upgrade. But it also raises questions about the ability of Stormont to deliver. The A5 is still a dangerous road, the cost of upgrading it — like the Casement build — will only increase with further delays, and yet as of now the Executive and minister are on a road to nowhere and will need to have a serious rethink about how to deliver on this key PfG pledge.
ITV News
23-06-2025
- Politics
- ITV News
Plans to upgrade A5 road rejected as they do not comply with Northern Ireland climate targets
A judge has ruled that the £1.2bn first phase of the A5 project cannot go ahead in its current form because the plans do not comply with climate change targets in Northern Ireland. A summary of the 100 page document was presented by Judge McAlinden to a packed courtroom that included the Minister for Infrastructure, campaigners, those against the proposed scheme, and the press. Last year the Department for Infrastructure (DFI) announced it was going to build the controversial dual carriageway that would link Derry with Tyrone. Preparatory work had already started on the new route near Ballygawley, including the clearing of land. However, a group known as the A5 Alternative Alliance brought a legal challenge against the decision claiming the plan breaches climate change legislation set out in the Climate Change (Northern Ireland) Act 2022 to achieve net-zero greenhouse gas emissions by 2050. The judge ruled there was an "inadequacy of information for the purpose of lawful decision making" when it comes to the methodology of estimating greenhouse gas emissions. "It would appear that overall, Northern Ireland may have difficulty staying within the first carbon budget that has now been set". The judge also made reference to concerns over human rights saying that the DFI "patently failed to address the human rights concerns" of some of those affected who live along the route of the new proposed road. It is estimated the project will temporarily affect direct access to more than 130 residential properties and will necessitate the demolition of three resident dwellings. Since 2006, more than 50 people have been killed on the road and campaigners claim the upgrade would save lives. Justice McAlinden said he was aware the decision will bring "fresh anguish to the doors of those who have been injured and maimed and those who have lost loved ones". "However the decision to proceed with the scheme must be in accordance with the law and and the principle of the rule of law cannot be subverted even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit." The judge added that the "shortcomings" and "short cuts" highlighted in this decision are capable of being remedied and should be done sooner rather than later so a new and safer A5 dual carriageway could be built. Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know.
Irish Independent
23-06-2025
- Politics
- Irish Independent
High Court in Belfast quashes decision to proceed with A5 road upgrade
Mr Justice McAlinden told the court that he was aware his ruling would bring 'fresh anguish' to the families of those who lost loved ones on the road. But he said the proposed scheme breached elements of the Climate Change Act 2022. Infrastructure Minister Liz Kimmins was at the Royal Courts of Justice to hear the ruling on Monday. The Northern Ireland Executive gave the green light for the long-awaited upgrade to the A5 in October. However, judicial review proceedings were brought against the Department for Infrastructure by nine applicants, including residents, farmers and landowners opposed to the £1.2 billion scheme. There have been more than 50 deaths on the A5, which links Derry with Aughnacloy in Co Tyrone, since 2006. A scheme to turn the road into a dual carriageway was first approved by the Executive in 2007 but it has been held up by legal challenges and uncertainty over funding.
RTÉ News
08-06-2025
- Business
- RTÉ News
Downpatrick flood prevention scheme could cost £22.5m
A £22.5 million (€27m) flood prevention scheme has been recommended for the town of Downpatrick in Co Down, which was devastated by flood waters in the autumn of 2023. The proposal by a team of engineers is now being examined by Stormont's Department for Infrastructure to determine if it would be economically viable. The commercial heart of Downpatrick was deluged with water in late October and early November 2023, with a depth of almost 2.5 metres in some places. It was the result of a combination of heavy rainfall over a two-week period and high tides which raised the level of the Quoile river, which flows just west of the town. Some 50 businesses were immediately devastated by flood waters, while a further 50 suffered loss of business due to road closures at the time and a significant drop in footfall for months afterwards. Some of the businesses never re-opened. A £10m fund was established to support businesses impacted but less than half was paid out, with £5.3m clawed back by Stormont's Department for the Economy. The Department for Infrastructure commissioned a study by Amey Consulting to assess options for reducing the risk of a repeat. A computerised simulation of possible flooding scenarios in the town was used to help identify the best ways to do so. The study considered 14 possible schemes which were reduced to a shortlist of two that were considered technically viable. The preferred option, a combination of culverts, embankments, drains and pumps, would offer flood protection to 78 businesses and 28 homes with an estimated cost of £22.5m including maintenance costs of around £2m. A cost-benefit analysis suggests the scheme would prevent flood damage which would cost around £26m to repair. Stormont's Minister for Infrastructure, Sinn Féin's Liz Kimmins, has said further work will now take place to determine if the preferred option is economically viable. Several traders in the town have said that they are not optimistic that the money will be made available. Images of Ciara Douglas wading through knee-deep water with communion dresses over her shoulder went viral on RTÉ's TikTok page with more than 2 million views. Her business, 'Making Memories for You', lost much of its stock due to flood damage. Ms Douglas said re-opening left her "substantially" out of pocket when her business was allocated around £30,000 from Stormont's support fund, despite initially being told there could be up to £100,000 available. She questions whether a new £20m flood defence system is necessary, saying the risk of future flooding could be substantially reduced if the town's storm drains were regularly cleared and maintained and the Quoile river dredged to remove silt. "I just can't see that scheme going ahead," said Ms Douglas, adding, "there's a lot of other stuff that needs done around this town so they should concentrate on that and do the work that's needed on the drains and the river. "The problem is they just keep arguing over who's doing it, is it going to be DFI (Department for Infrastructure), is it the council's job, is it the river agency's? "You know, why don't they just get together and get it done. End all the, 'you have to do it, and you have to do it, and this one has to do it'. Next thing we'll all be under water again and that's really what will happen," she said. Mal McGrady from Downpatrick's regeneration working group met Ms Kimmins to discuss the proposal and he has concerns about where £22.5m for the scheme will be found. "We can't rely on chance, we have to have preventative measures in place," he said. "My understanding is that that (funding) has already been redistributed to other ministerial portfolios and has probably been spent at this stage, so we are probably looking at new money." Mr McGrady added: "I did make the point to the minister that if these works aren't done and we have floods and further floods the long-term cost is going to be significantly more than that, and that would be the death knell for places like Downpatrick." However, Paul McCartan, whose family has run a shoe shop in the town for almost a century, is more optimistic. The shutters on their shoe shop in Market Street were closed for many months due to the water damage and they operated from a temporary premises. The original shop is now re-opened, and he said business is good, despite lower footfall in the town since the flooding. But he said there is a constant nagging fear of a repeat. "Of course, you still live with a bit of trepidation, but you try and put it to the back of your mind otherwise you wouldn't get out of bed in the morning, so you have to be positive," Mr McCartan said. But having spoken to politicians about the proposed flood prevention scheme, he believes it will go ahead. He added: "I've been assured the money will be available and is available if they come up with the right plan. I'm confident that we will see these improvements. "The bottom line is that DFI want to secure the future of Downpatrick, they can't risk the town sinking, the county town going under water. They want to future proof the town."
Yahoo
06-06-2025
- Business
- Yahoo
Downpatrick flood scheme could cost over £20m
A study commissioned by the Department for Infrastructure has recommended building a £20m flood prevention scheme in Downpatrick. The town was hit by serious flooding in November 2023 after a prolonged spell of rain in Northern Ireland. The engineers' report suggests a scheme involving culverts, embankments and pumps. The infrastructure minister said further work would be undertaken to determine whether the scheme would be economically viable. Liz Kimmins added: "Flooding in Downpatrick - and how to reduce that flood risk - is an extremely complex issue with many variables. "That is why it was important that a comprehensive study was carried out to inform the most viable and effective way ahead." The study, produced by engineering consultancy Amey, considered 14 possible schemes. These were reduced to a shortlist of two, which were considered technically viable. The preferred option would offer flood protection to 78 businesses and 28 homes. The total estimated cost of £22.5m includes maintenance costs of around £2m. A cost-benefit analysis suggests the scheme would prevent flood damage, which would cost around £26m to repair. The study cautions that what is proposed is a "complex scheme" and that given the risks and unknowns at this stage, it may become economically unviable as work on the design proceeds. It concludes: "Further investigations are recommended prior to detailed design to mitigate some of these key risks and confirm economic viability through a business case." Mal McGrady is the chairman of the Downpatrick regeneration working group, he said action needs to be taken now before flooding happens again. "We can't rely on chance... we have to have preventative measures in place... we need infrastructure changes in place to make sure this never happens again." He said the experts, the feasibility study and report should show how the damage from flooding has happened. "Reports will have set out and will set out what caused this or what potential accumulation of events caused this." After speaking with the Infrastructure minister, Mr McGrady said the costing of the scheme is coming out at "£22 odd million". He said the concern with that number is where the money will be found. He added that the unspent funding was not an option: "My understanding is that that (funding) has already been redistributed to other ministerial portfolios and has probably been spent at this stage, so we are probably looking at new money." by Barra Best, BBC News NI weather presenter Homes and businesses in Downpatrick were left underwater when Storm Ciarán hit in November 2023. The town centre and surrounding areas suffered severe flooding following weeks of heavy rainfall, with Market Street and low-lying parts of the town particularly hard hit. Floodwater was made worse by high spring tides that prevented the River Quoile from discharging into Strangford Lough, which would have helped lower flood levels. Downpatrick has suffered similar flooding incidents in the past. The commissioned study highlighted the need to protect sensitive habitats around Stangford Lough, as well as archaeological and historic sites in Downpatrick. With climate change expected to increase the frequency and severity of flooding, the Downpatrick Flood Alleviation Scheme, if it proceeds, could prove a critical step towards safeguarding the town's homes, businesses, and heritage. It comes after Infrastructure Minister Liz Kimmins said on Thursday that updated legislation for water and flood management would be a "major step forward". The NI Executive has approved bringing the Water, Sustainable Drainage and Flood Management Bill to the assembly which, Kimmins said, would help "meet the needs of our growing population and adapt to changing weather patterns". 'We had three months of no customers after floods' 'My shop stock is just floating about after flood' Work begins to clear Downpatrick floodwater 'Footfall has dropped significantly since flood' Flooding has 'ripped the heart' out of Downpatrick
