An application for a judicial review into the much-delayed A5 road project is to be heard on Tuesday.
The application is the latest in a series of legal challenges since the road project was first approved by the Stormont Executive in 2007.
The project was finally given the green light by Infrastructure Minister John O’Dowd last month, following the completion of a third public inquiry in 2023.
Work is due to get underway on the new road, which will see main corridor between Derry and Aughnacloy upgraded to dual carriageway, in early 2025.
It emerged last week however that the Department for Infrastructure had received “pre-action correspondence” in relation to a fresh legal challenge to the project.
The application will be heard in the judicial review court at the Royal Courts of Justice in Belfast, with DfI and those bringing the review to set out their initial cases.
Speaking in the assembly on Monday, Mr O’Dowd said it would be “inappropriate” for him to name those behind the legal challenge but vowed to “robustly” defend the case in court.
In response to an assembly question on Monday from Mark H Durkan of the SDLP asking for an update on the A5 and who had brought the legal action, Mr O’Dowd said: “I am advised that it would not be appropriate for me to name the challengers at this stage.
“However I understand there may be a hearing tomorrow, each party setting out its initial case and there may be at some stage then an opportunity for those who have brought forward the case to be named but it wouldn’t be appropriate for me.
“I’m sure the vast majority of members share the great disappointment that this case is being brought forward.
“We’re all aware of the need for the A5, to save lives and to open up the north west to greater connectivity.
“I can assure the member that my department and I will be defending this case very robustly.”
Pressed by Mr Durkan on whether he believed the new challenge would cause delay to the beginning of construction of the new road, the minister said “not at this stage”.
“We will be seeking a speedy hearing of this case and presenting the arguments, as will the other party presenting their arguments,” he said.
“But delays in capital projects of this scale, a delay of a month could potentially cost millions of pounds. Now, we’re not at this stage yet, but I think if we go much further into the new year then we are talking about millions upon millions of pounds of public money going to waste.”
Speaking following the assembly sitting, Mr Durkan said news of the latest challenge had been met with “dismay” across the north west.
“It was important to raise this directly with the minister in the assembly today. While the information he could give out is limited, he was able to say that this matter could come before the courts soon and we need to see a speedy resolution so we can get on with building this road.
“The impact of this life-saving work will stretch far beyond the local area. Thousands of people from all corners of the north travel on this road every day and it continues to be one of the most dangerous roads anywhere on these islands.”
Sinn Féin West Tyrone MLA Nicola Brogan said “the prospect of yet another legal challenges to the A5 is unacceptable.”
“The obstructing and delaying of this vital project is jeopardising the safety of the local community and all road users.”
