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Proposals to replace a public road as part of a Dalradian Gold mine application could negatively affect people who are older, disabled, or from the Catholic community, a public inquiry has heard.
However the equality impact screening by the Department of Infrastructure (DfI) Roads division said the negative impacts would be “minor.”
It found that the proposed replacement road, which would be steeper than the road that currently exists, could potentially be “less accessible for individuals with physical limitations”, in particular wheelchair users.
The equality screening also states that “abandonment of the road will remove the traditional access point” to a mass rock “used by the predominantly Roman Catholic community.”
Dalradian Gold wants to take ownership of part of the Crockanboy Road because it cuts through its proposed mine site outside Greencastle, Co Tyrone.
Fermanagh and Omagh District Council barrister Conor Fegan told the inquiry “DfI must have due regard to promoting the equality of affected groups” when considering a road abandonment.
He suggested a more detailed equality impact assessment be carried out.
Mr Fegan said the Planning Appeals Commission will have to consider whether the department’s characterisation of the impacts as “minor” was accurate.
DfI senior counsel, David Elvin, responded: “Dalradian has been asked to consider making adjustments. If the commission doesn’t think the issues are sorted, you can recommend that the order is not recommended, then there would be difficulties with the road abandonment.”
He told the inquiry possible solutions to the issues identified could be “formalised access to the mass rock to improve accessibility” and changes to the alternative road to improve accessibility”.
He said those potential mitigation measures were for “Dalradian to consider”.
Responding, Dalradian’s senior counsel Stewart Beattie told the inquiry: “Access that’s being used [for the mass rock] is through Dalradian land by way of trespass.”
He added that the alternative route put forward by Dalradian “runs through the current location of the GPO [Greencastle People’s Office], which is also a trespass site”.
Mr Fegan told the inquiry it is “highly unusual to have a public body, subject to a statutory obligation, identifying an impact and relying in some sense on mitigation [by a third party] which is outside its public control”.
Third-party objectors said the proposed new access to the mass rock is too steep for most.
Save Our Sperrins solicitor, Mary Brolly, said: “The information before the commission is incomplete in respect of making any safety assessment. The only information is from a company engaged on behalf of the applicant, funded by the applicant.”
Third-party objector Emmet McAleer added: “What we have seen here is an abject failure on behalf of the department which has not deemed it worthy to comment on large parts of this application.”
Seamus Logue from DfI Roads said on Tuesday plans for the new road are “substandard and there are relaxations in place to address that”.
Third party issues included its width with no facility for pedestrians or cyclists, and gradients that could be impassable in winter.
FODC’s lead planner Paul McDermott said the new road “will be significantly more adverse” than the current road, as it will be flanked by security fencing, a dry stack waste facility “dominating the skyline” and "there will be an impact on that road from dust and noise".
Mr Elvin told the inquiry there is no legal requirement for the new road to be “like for like”.
FODC’s Mr Fegan agreed, but asked the PAC to “look at the amenity value of the existing road and undertake a comparative exercise and weigh any negatives in the balance”.
Dr Michael Gordon from the consultancy Turley told the inquiry on behalf of Dalradian: “It is not possible to fully replicate the characteristics of the road to be abandoned but the new road provides continuity of access.
“Care has been taken to mitigate public amenity.”
The inquiry continues on Tuesday, June 2.