Call for A5 compensation as vested land returned

Earlier this week a judge ruled the dual carriageway project went against the climate change objectives passed by the Assembly and ordered it be halted and that all vesting orders be quashed so that the land can be returned to the original owners.

Those affected are due to receive letters from the Department of Infrastructure (DoI) in the coming days setting out how the process of returning the vested lands will be carried out.

However, minister Liz Kimmins, while insisting she was committed to the climate change targets, insisted “everything is on the table” as her department sought a “successful outcome”.

While the court ruling could delay work on the 54-mile road upgrade for several years, there have been suggestions that it could be back on track in just months – leaving landowners in a continuing limbo as to what comes next.

Ulster Farmers’ Union deputy president John McLenaghan urged the DoI to provide clear answers on what will happen next and to ensure that any ongoing impacts to farm businesses were appropriately addressed.

“The DoI 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,” he said.

“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.”

Mr McLenaghan said the UFU had warned MLAs that the climate charge targets set by the NI Executive in 2022 were deeply flawed and unrealistic.

Ulster Unionist peer Lord Elliott called for immediately compensation for the farmer affected.

“The level of unfair treatment farmers and their families have received, particularly over the past 12 months, is nothing short of disgraceful,” he said.

“They are the group of businesses who have had an essential part of their production line removed without compensation. Setting aside the land valuation, the farmers and landowners should receive immediate compensation for the impact that the removal of land has had on them.

“Whilst this most recent legal ruling is seismic in nature, and will take some time to fully breakdown, I do hope the Northern Ireland Executive will take a greater interest in the experiences of farmers living along the existing A5 road and explore alternative options to improve road safety that does not involve the huge level of land grabbing of irreplaceable agricultural land.”

Upper Bann MP Carla Lockhart has written to the Minister for Infrastructure for clarification on how the High Court ruling will affect the A5 plans and other major infrastructure schemes across Northern Ireland.

The DUP’s agriculture, environment and rural affairs spokesperson said: “The A5 ruling has shone a light on just how deeply climate extremism is now influencing both our legal and political systems. “Some of the loudest voices now lamenting the outcome of the High Court ruling are the very same MLAs who proudly championed the Climate Change Act legislation, which is built on legally binding, unworkable targets. They are now being forced to confront the consequences of their own virtue-signalling. “This debate isn’t about whether the A5 should be built or not, it’s about the madness of climate extremism that is stalling desperately needed infrastructure across Northern Ireland.” She went on: “From a farming perspective, this week’s court ruling brings long-overdue relief to landowners and farmers in west Tyrone, many of whom have lived for years under a cloud of uncertainty, unable to invest in or develop their land.

“Their livelihoods have been left in limbo. After all the disruption, anxiety, and financial hardship they’ve endured, there is now a compelling case for fair compensation, not just for lost time and plans, but for the emotional toll this long-running saga has inflicted. “While the quashing of the vesting orders is a welcome development, farmers and landowners are still left with major uncertainties. Many are asking when they will receive their land back, whether the department will restore it to its original condition, and what compensation will be offered for the years of disruption and lost income.”