By Alan Rodgers

AN appeal by the Department for Infrastructure against the decision of the High Court in June to quash approval for the A5 dual-carriageway has been officially lodged and is expected to take place in the Appeals Court this autumn.

Infrastructure Minister, Liz Kimmins, confirmed last week that the appeal would be submitted by the deadline date of last Friday, August 8. But while she declined to reveal the grounds on which the DFI were lodging the appeal, it is understood to be on environmental issues.

Mr Justice McAlinden’s judgment ran to 100-pages. He outlined the reasons for his decision, and urged the DFI to address the ‘shortcomings and short cuts’ identified.

Among the key findings were that Section 52 of the Climate Change Act 2022 had been breached. Mr Justice McAlinden pointed out that the A5 project had not been mentioned in the document.

He also raised concerns over potential human rights implications for landowners affected by compulsory purchase orders.

The Department said this week that as the matter has now been submitted to the Court, it was unable to comment further at this time about the appeal grounds.

But it has said that it is now setting up meetings with individual landowners to assist with the process of deciding on what options are available to those who have had land vested.

Landowners had recently been given three options. They were to leave the land as it is, reinstate land and boundaries or have a payment in lieu instead of the Department undertaking reinstatement work.

In a statement, the Department added that correspondence has been issued to all affected landowners outlining the approach to managing the return of vested lands.

“Our contractors were instructed to vacate the land at that stage,” they said.

“This communication detailed the options available to landowners in relation to their property.

“In addition, officials met with all known land agents and representatives from the Ulster Farmers’ Union last month.

“Meetings with individual landowners will be set up to assist with this process. We will continue to work with landowners to seek to agree the next steps.”