Judge Pledges Swift Handling of A5 Road Legal Challenge

A High Court judge has stated that a new legal challenge concerning the A5 road upgrade will be handled with “no delay”. The 58-mile (85km) road project, connecting Londonderry and Aughnacloy, initially announced in 2007, has encountered multiple postponements. Infrastructure Minister John O’Dowd approved the £1.2bn project last month, after a third public inquiry concluded in 2023. On Tuesday, a collective of residents and landowners initiated judicial review proceedings against the dual carriageway plan, with Mr Justice McAlinden confirming his readiness to adjust his schedule to preside over the matter. ““It’s important we get this dealt with as quickly as possible,”” Mr Justice McAlinden stated on Tuesday, adding: ““There will be no delay in relation to this matter… I will make sure I’m free to deal with it.”” The A5 serves as a crucial component of Northern Ireland’s road network. Spanning over 58 miles (94km), it features more than 200 connecting side roads. For the majority of its extent, the road consists of a single carriageway, incorporating overtaking lanes in certain parts. It connects Derry with Aughnacloy in County Tyrone, traversing towns such as Sion Mills, Omagh, and Strabane. The route also connects with the A4 road, providing a link to Belfast via the M1. Furthermore, it functions as the primary north-south corridor in western Northern Ireland, establishing a connection between County Donegal and Dublin, through the N2 in County Monaghan. Apart from a few town bypasses, the road has largely retained its original form since the 1960s; however, there has been a substantial increase in the volume of cars, lorries, and agricultural vehicles utilizing it since its initial construction. Official data indicates an approximate 10% rise in traffic on the road over the past decade, with a projected increase of around 30% anticipated in the coming 25 years. Following 57 fatalities recorded on the A5 since 2006, advocates have called for necessary enhancements. Construction for the initial phase of the 53-mile road section is presently scheduled to commence in early 2025. This initiative, intended as a component of a proposed vital cross-border business corridor connecting Dublin and the north west, has previously faced delays due to earlier legal challenges. Nine individuals have now initiated new proceedings against the Department for Infrastructure (DfI). These individuals assert that the decision to proceed with the initial phase contravenes legislative objectives aimed at reducing greenhouse gas emissions in Northern Ireland. The Climate Change (NI) Act 2022 outlines a set of interim targets designed to achieve net-zero emissions by 2050. Counsel for the group contends that authorizing a portion of the A5 scheme is both irrational and constitutes an unlawful violation of the Climate Change Act. Additional grounds for the challenge include allegations of a breach of planning regulations; a violation of habitats regulations due to an insufficient precautionary approach regarding the impact on the Tully Bog conservation area; a failure to conduct further public consultation; and an infringement of the group’s Article 8 human rights. The court was also informed that the applicants are requesting a protective costs order, which would limit any potential legal expenses. None of the applicants were present at the preliminary hearing held on Tuesday to schedule the case. Paul McLaughlin KC, representing the DfI, clarified that the legal action would be opposed. He stated: ““The instructions of the minister [John O’Dowd] are to oppose the challenge, and to do so as expeditiously as the court can allow.”” Adjourning the proceedings until next week, Mr Justice McAlinden reassured the involved parties: ““I will clear whatever dates you agree, move other cases and get [another judge] to deal with them.””