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A FRESH High Court hearing examining whether the long-delayed A5 dual carriageway complies with climate change legislation has been adjourned until late February, after a judge granted the Department for Infrastructure (DfI) additional time to provide clearer evidence on projected emissions.
Last month, Lady Chief Justice Siobhan Keegan sent elements of an appeal against a previous High Court ruling back for further consideration. That appeal relates to a decision by Mr Justice McAlinden in June last year to quash approval for the £1.7bn road project, citing concerns over compliance with the Climate Change Act.
On Wednesday, legal representatives for the DfI, the Department of Agriculture, Environment and Rural Affairs (DAERA), and environmental group Friends of the Earth appeared before Mr Justice McAlinden in the High Court to make submissions on the remitted issues.
Approval for the A5 scheme was granted in 2024 by the then infrastructure minister, John O’Dowd. However, campaign group the Alternative A5 Alliance (AA5A) was subsequently granted leave to challenge that decision.
In June, Mr Justice McAlinden quashed the approval, prompting the DfI to lodge an appeal. While parts of that appeal are ongoing, the current hearing is focused on whether the department adequately assessed the road’s impact on greenhouse gas emissions.
During Wednesday’s proceedings, the court heard that the DfI has relied on an Emissions Projection Tool, developed by an independent company, to factor in future emissions from major infrastructure projects. The department acknowledged that emissions from the A5 have not been assessed on a project-specific basis, but said they are captured within wider transport emissions modelling used by the tool.
The judge granted the DfI additional time to provide clearer evidence on how the tool accounts for the A5 scheme. The department has until 4 February to share further information with the AA5A, ahead of another High Court hearing scheduled for the final week of February.
DAERA was not involved in the original High Court proceedings but was granted permission to intervene in support of the DfI when the appeal against Mr Justice McAlinden’s ruling was lodged.
First proposed in 2007, the A5 dual carriageway has been beset by delays and legal challenges over the past 17 years.
