The Department for Infrastructure missed a deadline to submit evidence in the latest legal challenge against the A5 road project due to an “ambitious” timetable, new minister Liz Kimmins has said.
A three-day hearing of the judicial review being brought by objectors to the project was delayed by two weeks and will now be heard by the High Court on March 18 after DfI failed to submit affidavit evidence by the January 17 deadline.
The delay came after previous infrastructure minister John O’Dowd said the department would oppose the legal challenge “as expeditiously as the court can allow”.
Responding to an Assembly Written Question from SDLP MLA Daniel McCrossan, Ms Kimmins said the delay was caused by a timetable which the judge agreed was “ambitious”.
“At the review hearing on 3 December 2024, the parties agreed a very ambitious and condensed case management timetable to facilitate expedition of this complex and important legal challenge with a hearing scheduled for 3 March 2025,” the minister said.
“The evidence which the department considered to be necessary for the purposes of the case was extremely voluminous including, historical, technical, scientific and legal analysis.
“To ensure the department’s evidence before the court comprehensively addresses all elements of this legal challenge so that the most robust defence is advanced, the department required a short extension of time to finalise its affidavit evidence.
“The hearing has now been relisted for 18 March 2025. In agreeing the revised timetable, the judge acknowledged that the original timetable was ambitious, noting that the case involved complex issues, and commended the parties on their efforts to progress the case and also for their detailed revised case management timetable.”
