A5 dual carriageway: UFU demands compensation for farmers and undoing of groundwork

​The union also said that the department should start undoing the work it has done so far on the ground, to “return vested land in its original state”.

It comes after the High Court in Belfast ruled on Monday that the Stormont government had been wrong to give the green light to the new dual carriageway-building programme.

The then-infrastructure minister John O’Dowd (Sinn Fein) announced last October that he had approved the first tranche of work stretching from Junction 8 south of Strabane to the proposed Junction 15 near Ballygawley – a stretch of some 34 miles.

Part of the rationale for the new road is that the existing A5 is such an accident blackspot, with over 50 deaths on it since 2006.

The scheme was instigated in 2007, with the route being unveiled in 2009.

Since then, the courts have blocked it three times (including Monday’s judgment).

The grounds for Monday’s judgment against the scheme by Mr Justice McAlinden were twofold.

Firstly, that there was a lack of evidence presented by the department that the project is compatible with helping to meet the climate act’s net-zero carbon emissions target by 2050.

Secondly, he ruled there had been a “failure to demonstrate any consideration of the human rights issues” involved in not placing a time limit on the completion of the scheme.

Rather than widening the existing A5, the scheme involves building a whole new dual carriageway just to the west of the A5 (the old road will in time be stripped of its title ‘A5’, and it will be given to the new dual carriageway).

To accomplish this, it is thought around 3,000 acres of land along the route has been vested – that is, forcibly bought by the government.

A group called Alternative A5 Alliance, largely representing landowners and farmers, has been campaigning against the plan, and was behind this week’s successful legal challenge.

Now, UFU deputy president John McLenaghan said: “We urge the DfI to engage immediately and directly with all affected landowners, to provide clear answers on what will happen next and to ensure that any ongoing impacts to farm businesses are appropriately addressed.

“The DfI has caused deep frustration and unnecessary stress for so many farm families.

"It’s crucial that work begins without delay to return vested land in its original state pre-vesting, fairly compensating affected farmers and landowners for the significant disruption to their businesses and operations.

"The UFU has always understood the need for improved infrastructure and safety, however, farmers and landowners needed to be supported and included in A5 communication from the get-go – which did not happen.

"For well over a decade, affected farmers and landowners were left in limbo, with no clear communication from any of the parties involved.

"They were unable to plan for the future or invest in their farm business because they had zero confidence or awareness of what was happening.”

He also said that the UFU had been “consistently vocal about the deeply flawed and unrealistic targets” in the 2022 climate act.

The News Letter asked the department if it will appeal the judgment, and if it will rescind the vesting orders.

It said it would “carefully consider” the next steps, and that “we remain committed to delivering the A5”.