Vesting orders for A5 now operative with lands transferred to DfI ahead of mooted road development

Vesting orders for the Strabane to Ballygawley section of the A5 have now become operative and lands for the development of the road have formally transferred to the Department for Infrastructure.

Last October the Infrastructure Minister John O’Dowd formally gave the green light for the 55 kilometre southern section of the A5 Western Transport Corridor.

Speaking in the Assembly this week, Mr. O’Dowd confirmed the vesting of lands had not been affected by a legal challenge mounted on November 13. last.

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"Work is ongoing with my departmental officials and legal team to prepare evidence to robustly defend the challenge. The court has fixed a timetable for the preparation of the case, which will lead to a substantive hearing on March 3, 2025, with an expected time frame of five days.

The A5 at Garvaghy.The A5 at Garvaghy.
The A5 at Garvaghy.

"On November 25, 2024, the vesting orders became operative, and ownership of the lands necessary for the construction of that length of the road was transferred to my Department.

"The legal challenge did not affect that transfer of ownership. While there is no defined time frame for the handing down of the court's decision following the hearing in early March, the court has previously indicated the importance of getting the case dealt with as quickly as possible,” he told MLAs.

DUP MLA Keith Buchanan expressed concern that farmers affected by the road and the vesting orders might be ‘worse off’.

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“Farmers and landowners will be put under pressure by the figure that they might receive for compensation. I understand that they are not to be better off, but they will definitely be worse off because they cannot replace the land that has been taken from them.

"Obviously, the price of land will go up because everybody will try to replace the land that they have lost. What do you say to local landowners?” he asked Mr. O’Dowd.

The minister responded: “All local landowners whose land has been vested will have received communications from my Department on how the process will develop from this point onwards.

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"They will be advised to obtain the services of a land agent, who will be suitably qualified to negotiate and engage with the Department on their behalf under their instruction. I assure the Member that my Department is fully open to those discussions and engagement.

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"The ultimate cost or price of the land will be down to Land and Property Services, and there has been significant engagement between the departmental officials and landowners up to this stage.

"However, I encourage landowners to engage and work through the process, and I will do everything in my power to ensure that everyone is treated fairly.”

Last October DfI published the formal Notice of Intention to proceed with the first phase of the A5 Western Transport Corridor Scheme and confirmed that the Direction, Vesting and Stopping-up Orders had been made.

The Statutory Orders cover 55kms of new trunk road from the proposed Junction 8 (south of Strabane) to the proposed Junction 15 near Ballygawley including the westward extension of the existing A4 Dual Carriageway.

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