A Belfast court today overturned the Stormont Executive’s planning approval for the £1.2 billion upgrade of the A5 highway. The High Court found that the scheme had not been properly evaluated, particularly concerning its environmental impact and greenhouse gas emissions. This marks the second time legal challenges based on ecological grounds have delayed the project.
Supporters of the A5 revamp, including the A5 Enough is Enough campaign group, voiced profound disappointment following the judgment. One of their spokespeople noted how the scheme, designed to serve public interest, was ironically halted despite its acknowledged societal benefits. Numerous bereaved families, many affiliated with Tyrone GAA who lost loved ones on the road, feared the decision would reopen old wounds.
Project Background and Legal Challenge
Support for upgrading the A5—a vital 85 km route stretching from Derry to Aughnacloy via counties Tyrone and Donegal—has existed since 2007. The road has earned notoriety as one of Ireland’s most hazardous, with 57 fatalities recorded since the upgrade was first proposed. The current scheme was set to transform the road into a safer dual carriageway, supported by €600 million in funding from the Irish government.
Last year, ex-infrastructure minister John O’Dowd granted construction consent. However, a group of landowners contested the approval, arguing that it violated commitments to reduce greenhouse gas emissions and impinged upon their human rights due to compulsory purchase orders.
Court’s Concerns: Environment and Rights
Judge McAlinden’s ruling highlighted two major failings in the approval process. First, the calculation method for the scheme’s emissions was inadequately scrutinised. Second, the impact on individuals affected by land acquisition remained unaddressed. Despite its significant public safety benefits, the project was not referenced in Stormont’s draft 2023–27 Climate Action Plan, which was released just days before the ruling. The judge emphasised that legal principles must prevail before societal benefits can be pursued.
While acknowledging the distress this decision will stir among victims’ families, the judge affirmed that the flaws in the planning process are fixable. He urged ministers to revisit the environmental assessments and rights impact analyses so the A5 upgrade might proceed lawfully and meaningfully reduce future casualties.