High Court quashes decision to proceed with A5 road upgrade

An Executive decision to proceed with the A5 road upgrade has been quashed at the High Court in Belfast.

Mr Justice McAlinden told the court that he was aware his ruling would bring “fresh anguish” to the families of those who had lost loved ones on the road.

But he said the proposed scheme breached elements of the Climate Change Act 2022.

Infrastructure Minister Liz Kimmins was at the Royal Courts of Justice to hear the ruling on Monday and said it was an “extremely disappointing day”.

The Northern Ireland Executive gave the green light for the long-awaited upgrade to the A5 in October.

However, judicial review proceedings were brought against the Department for Infrastructure by nine applicants, including residents, farmers and landowners opposed to the £1.2 billion scheme.

There have been more than 50 deaths on the A5, which links Londonderry with Aughnacloy in Co Tyrone, since 2006.

A scheme to turn the road into a dual carriageway was first approved by the Executive in 2007 but it has been held up by legal challenges and uncertainty over funding.

In his findings, Mr Justice McAlinden pointed out that the road scheme was not mentioned in Stormont’s draft Climate Action Plan published last week.

He quashed the ministerial decision to proceed with the project, stating that it breached section 52 of the Climate Change Act as well as Article 8 human rights issues identified by the Planning Appeals Commission (PAC).

The judge said there had been a lack of evidence presented that the road upgrade project would not contribute to Northern Ireland failing to meeting the Act’s net-zero carbon emissions target by 2050.

He said: “I am acutely aware that this decision will bring significant, fresh anguish to the doors of those who have been injured and maimed and those who have lost loved ones as a result of road traffic accidents on the existing A5 road.

“One of the primary justifications for the construction of this new road is that it will be much safer than the existing road and that, over time, many lives will be saved and many serious injuries prevented and many families will be spared the utter heartbreak of the sudden and shocking loss of a loved one.

“It is likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road.”

The judge added: “However, the decision to proceed with the scheme must be taken in accordance with the law and the principle of the rule of law cannot be subverted, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit.

“The shortcomings and shortcuts in the decision-making highlighted in this judgment are capable of being remedied.

“The relevant ministers, departments and officials should redouble their efforts to deal with these shortcomings and that may involve the finalisation of a CAP (climate action plan) which is long overdue.

“But irrespective of the difficulties in overcoming these shortcomings, concerted efforts must be made by all concerned so that sooner, rather than later, a new and safer A5 dual carriageway may come into operation and the long list of names of those who have perished on that road will not be added to.”