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High Court Judge Intends To Quash Decision To Continue A5 Project

A High Court judge has confirmed he is minded to quash the decision of a new £330 million dual carriageway project over a failure to carry out an appropriate assessment of the impact of the A5 scheme on special areas of conservation around two rivers.  Work on the 85km of dual carriageway which is to form part of a key cross-border business route linking Dublin and the North West, has been put on hold due to the legal challenge by eighteen farmers, business-men and landowners who joined together under the Alternative A5 Alliance grouping.  Lawyers for the alliance claimed it has now become a different project and that no proper environmental impact assessment (EIA) has been carried out.  The judgment found there had been a failure to carry out an appropriate assessment of the Rivers Foyle and Finn Special Areas of Conservation under the Habitas Directive. However, the Department for Regional Development (DRD), which has responsibility for roads, is to be given another chance to argue that the failure should not result in the decision being quashed.

Environment Rights & Planning Law