Judge rules against decision to allow the new A5 to proceed

A JUDGE has ruled against the decision to allow plans for the new A5 dual-carriageway to proceed.

At the High Court in Belfast today, Mr Justice McAlinden said he had made the decision on human rights and climate change grounds.

It means that the new £1.2 billion road will not now be going ahead as currently planned.

In a judgement running to 100 pages, in response to a case taken by a group called Alternative A5 Alliance (AA5A), Mr Justice McAlinden said he was acutely aware the decision would bring ‘fresh anguish’ to the families of those who have lost loved ones as a result of road traffic collisions on the road.

However, he said the issues highlighted in his ruling were ‘capable of being remedied’.

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

The plans for the new road were first announced back in 2007 but the project has faced a number of delays.

Last October, Stormont ministers approved the long-awaited A5 road upgrade project, including a full dual carriageway, between Derry and Aughnacloy.

The total cost of the road upgrade was estimated at about £1.2bn, with around £500m coming from the Irish government.

Infrastructure Minister John O’Dowd said in October that work on the project would begin in early 2025 and would completed on a phased basis.

Speaking at the announcement about the A5 project, First Minister Michelle O’Neill described it as a momentous day while Deputy First Minister Emma Little-Pengelly welcomed the announcement as good news.

However, the AA5A took a case to the High Court in Belfast against the proposed new road.

They argued that the current A5 should be upgraded, instead of a new road being constructed.

In his lengthy ruling today, Mr Justice McAlinden highlighted the safety concerns around the current A5.

“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.

“These matters combined with the other benefits identified by the PAC (Planning Appeals Commission) in its 2023 report were considered to constitute overwhelmingly compelling arguments for the progression of this scheme.

“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.”

Mr Justice McAlinden said the ‘shortcomings and shortcuts’ in the decision making highlighted in his judgement 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 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.”