A5 Western Transport Corridor (A5 WTC)

DfI Roads Theme Report: Scheme Development, Consultations and Statutory Processes Part II: 2014 - 2019

This theme report was developed for the Public Inquiry process in order to provide supplementary information on this aspect of the scheme. It should not be relied upon as an overall summary of the topic and as such should be read in conjunction with the various other consultation documents and other scheme documentation available on the A5WTC website. The information contained within this report is generic in nature and is not tailored

to address specific matters raised in individual submissions.

December 2019

A5WTC-2019-TR-003 DfI Roads Theme Rpt_ Scheme Devt Cons. 2014-2019 v1.0

A5WTC-2019-TR-003 DfI Roads Theme Rpt_ Scheme Devt Cons. 2014-2019 v1.0 CONTENTS Department’s decision to continue with the delivery process ...... 1 Consultation on the Appropriate Assessment process ...... 1 Development of the 2016 Environmental Statement and Draft Orders ...... 2 Publication of Notices 2016 ...... 3 Publication of Planning Appeals Commission Public Inquiry Report ...... 4 Publication of Notices 2017 ...... 4 Publication of Notices 2019 ...... 5 Transboundary EIA Consultation ...... 6 Landowner Liaison ...... 6

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Department’s decision to continue with the delivery process

1. Following the judgement by Judge Stephens (See DfI Roads Theme Report: Scheme Development, Consultations and Statutory Processes Part I; 2007 – 2013 for details), the Department considered options for progressing the scheme and the decision was taken to republish the Environmental Statement and Notices of Intention to Make Orders as well as carry out an Appropriate Assessment. This decision took into consideration a number of further relevant changes including updates to design standards. The implications for the scheme meant that additional land would be required and included in any new Notice of Making a Vesting Order.

Consultation on the Appropriate Assessment process

2. Following the Court ruling of April 2013, when the Minister’s decision to make the Direction Order and Vesting Order was quashed, the Department initiated the appropriate assessment process not only for the River Foyle and River Finn Special Areas of Conservation (SACs), but also other SACs (Owenkillew River and Tully Bog), Special Protection Areas (SPAs) (Lough Foyle, Lough Swilly and Lough Neagh / Lough Beg) and Ramsar Sites (Lough Foyle and Lough Neagh / Lough Beg) in the vicinity of the scheme.

3. Four reports for consultation were developed to assess impacts on the integrity of all potentially affected European designated environmentally sensitive sites. A public consultation exercise on these draft reports was undertaken in 2014 and responses received (18 no.) were taken into consideration in the next publication of the Reports to Inform an Appropriate Assessment. Further consultation was undertaken on the four updated Reports to Inform an Appropriate Assessment in April 2017. This update took account of relevant comments received from statutory and other consultees as well as issues raised at the 2016 Public Inquiry.

4. Comments received as part of the April 2017 consultation process were incorporated into the amended documents as appropriate with a table of changes added to the reports to aid comparison. There was a further consultation on the update reports in August 2017 requesting comments from

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statutory and non-statutory consultees including the general public. The consultation closed on 2 October 2017.

5. The reports for both consultations were uploaded to the A5 WTC scheme specific website, www.a5wtc.com.

Development of the 2016 Environmental Statement and Draft Orders

6. Commencing in 2013, the Department updated the Environmental Statement in 2016 for the scheme, including the updating of key species ecological baseline data; revised approach to phased delivery; and an assessment of all other issues that had the potential for change such as air quality, traffic and noise.

7. A new Notice of Intention to Make a Direction Order, Notice of Intention to Make draft Vesting Orders and Stopping-up of Private Accesses Orders were also prepared to reflect any changes arising out of the original Public Inquiry process and to take account of any interim changes in legislation and design standards. The original line of the proposed new dual carriageway was however unaffected.

8. Three new draft Vesting Orders were developed to reflect the phased delivery programme (see DfI Roads Theme Report: Scheme Phasing) as follows:

a. Phase 1a - from New Buildings to north of Strabane;

b. Phase 1b - from south of Omagh to Ballygawley; and

c. Phase 2 - from north of Strabane to south of Omagh.

9. The Notice of Intention to Make a Direction Order included for the length between New Buildings and Ballygawley, with the length between Ballygawley and the border at Aughnacloy not included in line with the recommendations within the Inspectors Report from the 2011 Public Inquiry. This section is however included in the new Environmental Statement which must take account of the full extents of an overall scheme.

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Publication of Notices 2016

10. Publication of the new draft Orders and Environmental Statement took place week commencing 15 February 2016, followed by a public consultation period extending to 4 April 2016.

11. A composite Notice was placed, weeks commencing 15 February and 22 February 2016 in ; Newsletter; ; ; Dungannon Observer; ; ; Strabane Weekly News; ; ; Tyrone Times; and the together with the Northern Standard, Donegal News and Donegal Democrat in the Republic of Ireland. At the same time, the Notice was also uploaded to the A5 WTC scheme specific website, www.a5wtc.com.

12. In accordance with Article 7 of the Environmental Impact Assessment Directive (2011/92/EU) a description of, and information in relation to the scheme was also sent to the Irish Government.

13. Four public exhibitions were subsequently held between 1 March 2016 and Friday 4 March 2016 at the Everglades Hotel in Londonderry (1 March); the Silverbirch Hotel, Omagh (Wednesday 2 March); the Fir Trees Hotel, Strabane (Thursday 3 March); and Smyth Memorial Hall, Ballygawley on Friday 4 March 2016. There were 1054 registered attendees at the exhibitions.

14. Publication of the revised Non-Technical Summary took place week commencing 18 April 2016, followed by a further consultation period extending to 2 June 2016.

15. A Notice was placed, weeks commencing 18 and 25 April 2016, in the Irish News; Newsletter; Belfast Telegraph; Derry Journal; Dungannon Observer; Londonderry Sentinel; Strabane Chronicle; Strabane Weekly News; Tyrone Courier; Tyrone Constitution; Tyrone Times and the Ulster Herald together with the Northern Standard, Donegal News and Donegal Democrat in the Republic of Ireland. At the same time, the Notice was also uploaded to the A5 WTC scheme specific website, www.a5wtc.com.

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16. A total of 1001 representations were received in response to the above consultation periods. This number includes one petition letter of 400 signatories and 41 letters in support of the scheme.

17. Given the significant number of representations made the Department held a Public Inquiry between 4 October and 14 December 2016, administered by the Planning Appeals Commission.

Publication of Planning Appeals Commission Public Inquiry Report

18. Further to the Public Inquiry in 2016, the Department received the Planning Appeals Commission (PAC) Public Inquiry Report on 25 May 2017. Following the Department’s consideration of the findings of the Report and the Department’s decision to proceed with the Scheme (supported by the Department’s Statement), the report was released into the public domain and uploaded to the A5 WTC scheme specific website, www.a5wtc.com.

Publication of Notices 2017

19. With no Minister in place for the Department at that time, the Permanent Secretary gave consent for the scheme to proceed in November 2017 and the Department’s Statement and Notice of Intention to Proceed were published on 28 November, together with the making of the Direction Order (New Buildings to Ballygawley) and making of the Vesting Order for Phase 1A.

20. The relevant Notice was published in the province-wide and local press and uploaded to the A5 WTC scheme specific website, www.a5wtc.com.

21. Affected landowners received written notification and plans indicating the areas of land that the Department would vest to construct the Proposed Scheme – Phase 1A.

22. On 22 December 2017 the Department received a legal challenge to its decision to proceed with the scheme from the Alternative A5 Alliance (AA5A). Ten grounds of challenge were listed, including the powers of the Permanent Secretary to make the decision.

23. Having given careful consideration to relevant High Court decisions made during 2018 as well as the provisions of the NI (Executive Formation and

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Exercise of Functions) Act 2018, the Department decided that it was not in the public interest to continue defending the legal challenge. Consequently, at a Court hearing on the 15 November 2018, the Department invited the Court to quash the above-mentioned Notice of Intention to Proceed with the scheme, and this took effect from 16 November 2018.

Publication of Notices 2019

24. Since the publication of the Environmental Statement in 2016, there have been some developments in the environmental baseline and the Proposed Scheme and as such an Environmental Statement Addendum (ESA 2019) and accompanying Non-Technical Summary were prepared in order to enable a new decision to be made on the scheme.

25. The ESA 2019 reflected the time that had passed and captured change that had occurred in both the existing environment and the project delivery process. These changes have not affected the vesting boundary and as such the draft Vesting and Direction Orders remain valid.

26. Publication of the ESA 2019 and accompanying Non-Technical Summary took place on 26 March 2019 followed by a consultation period extending up to 17 May 2019.

27. The Department considered all the representations made and in view of the number (264) and nature of the issues raised, decided that a further public inquiry would be necessary. The Planning Appeals Commission, appointed by the Department to administer the new public inquiry process, has published its guidance and intended programme, with the inquiry scheduled to open on 18 February 2020. Further information can be viewed at:

https://www.pacni.gov.uk/sites/pacni/files/Procedures%20for%20A5.pdf

28. It was brought to the attention of the Department that the base data used for the new traffic model referred to within the ESA 2019 and NTS Rev'B had not been made available as part of the consultation process for the ESA 2019. The Department published Supplementary Information to the Environmental Statement Addendum 2019 - Traffic Data report for consultation on the 20 November 2019, with the consultation period closing on 10 January 2020. It is

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anticipated that any responses received to this consultation can be considered within the 2020 public inquiry process.

Transboundary EIA Consultation

29. In May and June 2016, Donegal and Monaghan County Councils in the Republic of Ireland carried out an Environmental Impact Assessment (EIA) public consultation exercise in respect of the A5WTC. Both Councils placed notices in the local press and carried out statutory consultations with a number of public bodies within their jurisdiction. Both Councils responded to the Department during August and September 2016 indicating that they had no relevant comments to make on the proposed scheme.

30. The same process was undertaken with the ESA 2019. On this occasion, one representation was received by both Councils. This submission was forwarded to the Department in May 2019 by Monaghan County Council and again in August 2019 by Donegal County Council. The Department has passed the submission to the PAC for further consideration through the above mentioned public inquiry process.

31. Similarly, transboundary consultations are being carried out by Monaghan and Donegal County Councils on the Supplementary Information to the Environmental Statement Addendum 2019 - Traffic Data report, concluding on 10 January 2020.

Landowner Liaison

32. Throughout the period 2013 - 2019, the Department has maintained contact with affected landowners via telephone, written correspondence and meetings. A number of landowners and their agents have also contacted the Department regarding developing their properties and lands adjacent to the proposed scheme, and mutually acceptable solutions have been agreed. During 2017- 18 more focussed meetings took place with the landowners affected by the Phase 1a Vesting when accommodation works were discussed and agreed. It would be the Department’s intention to revisit these landowners on confirmation of the making of any new Vesting Order.

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