Minister 'not giving up' on A5 as judge rules against scheme

The 58-mile (94km) £1.7bn project was given the green light in October 2024

The future of the A5 road scheme has been placed in doubt after a judge ruled in favour of a group who oppose the new dual carriageway.

The 58-mile (94km) £1.7bn project was given the green light by Stormont ministers in October last year.

However, on Monday Justice McAlinden ruled the construction of the project should not go ahead in its current form, saying the Department for Infrastructure's plans did not comply with climate change targets.

Infrastructure Minister Liz Kimmins said it was an "extremely disappointing day" but added she was not giving up on delivering a safer A5.

The road is the Northern Ireland part of the major arterial route that connects the north-west of the island - Donegal and Londonderry - to Dublin, via towns including Strabane, Omagh and Aughnacloy.

More than 50 people have died on the A5 since 2006 and campaigners have called for the road to be upgraded.

The dual carriageway scheme was first announced back in 2007, but has been beset by a number of delays.

Justice McAlinden said he was "acutely aware" of how the decision would bring "significant, fresh anguish" to those who have been injured and those who have lost loved ones "as a result of road traffic accidents on the existing A5 road".

"It is likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury," he added.

"The decision to proceed with the scheme must be taken in accordance with the law, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit."

The judge said there had been an "inadequacy of information for the purpose of lawful decision making" and this was one of the reasons that the department's decision to go ahead "cannot stand".

The infrastructure minister told BBC Radio Ulster's Evening Extra her department will go through the judgement before working out what the "next steps are".

Infrastructure Minister Liz Kimmins said her department will go through the judgement in full

"It's a complex judgement and something we will have to navigate our way through, and about how we can move forward," added Kimmins.

"When we go through the judgment, then we will work out what are next steps are."

The judicial review proceedings involved a group of residents, landowners and farmers who mounted a fresh challenge against the decision to begin construction work.

The umbrella group, known as the Alternative A5 Alliance, contended it would breach legislative targets to achieve net-zero greenhouse gas emissions by 2050.

Speaking after Monday's judgement, solicitor Ciaran O'Hare, representing the Alliance, said the group had "never disregarded the safety concerns concerning the current A5 road" and had always argued it should be upgraded "to minimise the adverse effects on the environment and our land".

What have those in favour said?

Jim Hunter nearly died following a crash on the A5

Jim Hunter, from Sion Mills, almost died in a collision on the A5 in 1978.

was so badly injured that police put a sheet over him believing he had not survived.

"This stretch of road through Sion Mills is the worst in the country," he said.

"Potholes and a really bad surface and there was no sign of that ever getting fixed.

"There's no speed cameras. There's a primary school close by and we've never had an emissions tests done either."

Angela O'Neill whose mum Kathleen was killed in a crash on the road, says she is "lost for words at the decision".

She said the ruling was "unbearable for the community and the people that use the road".

"It is Inevitable that there will be more deaths" she adds.

'Clear a higher bar'

The reach and impact of Stormont's climate change legislation is now clear.

The assembly passed the Climate Change Act in 2022 and up until now much of the controversy around the law has centred on what it means for agriculture - the biggest source of greenhouse gas emissions in Northern Ireland.

The A5 ruling brings road building and other infrastructure projects centre stage.

This judgement does not mean that no new roads can be built. It does mean that ministers will have to clear a higher bar to show that developments will comply with their climate change law.

In 2023 the Welsh government decided to scrap all major road building projects over environmental concerns.

There is no suggestion Stormont ministers will now take the same step, but this ruling may yet lead to policy travelling in a similar direction.

The Alternative A5 Alliance, who brought the judicial review, were at Belfast's High Court on Monday

Road project can be 'remedied'

Justice McAlinden's judgement ran to 97 pages.

"The shortcomings and shortcuts in the decision making highlighted in this judgement are capable of being remedied," he said.

He made reference to Northern Ireland's draft Climate Action Plan (CAP), which was was published last week.

"There is no specific mention of the proposed new road or its potential impact on climate change objectives and yet it would appear that overall, Northern Ireland may have difficulty staying within the first carbon budget that has now been set," he said.

He added the Department for Infrastructure did not make any reference to the human rights issues raised by the Planning Appeals Commission.

Justice McAlinden's judgement outlined the project will temporarily affect direct access to more than 130 residential properties and will necessitate the demolition of three residential dwellings.

What is the A5?

The A5 is a vital artery of the Northern Ireland road network. More than 58 miles (94km) long, it has more than 200 side roads connecting to it.

The road is single carriageway for most of its length, with overtaking lanes in some sections.

It links Londonderry with Aughnacloy in County Tyrone and passes through towns like Sion Mills, Omagh and Strabane.

It is the main north-south route in the west of Northern Ireland, providing a link between County Donegal and Dublin, via the N2 in County Monaghan.