Minister 'not giving up' on A5 as judge rules against scheme

The future of the A5 road scheme has been placed in doubt after a judge ruled in favour of a group who oppose the new dual carriageway.

The 58-mile (94km) £1.7bn project was given the green light by Stormont ministers in October last year.

However, on Monday Justice McAlinden ruled the construction of the project should not go ahead in its current form, saying the Department for Infrastructure's plans did not comply with climate change targets.

Infrastructure Minister Liz Kimmins said it was an "extremely disappointing day" but added she was not giving up on delivering a safer A5.

The road is the Northern Ireland part of the major arterial route that connects the north-west of the island - Donegal and Londonderry - to Dublin, via towns including Strabane, Omagh and Aughnacloy.

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

The dual carriageway scheme was first announced back in 2007, but has been beset by a number of delays.

Justice McAlinden said he was "acutely aware" of how the decision would bring "significant, fresh anguish" to those who have been injured and those who have lost loved ones "as a result of road traffic accidents on the existing A5 road".

"It is likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury," he added.

"The decision to proceed with the scheme must be taken in accordance with the law, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit."

The judge said there had been an "inadequacy of information for the purpose of lawful decision making" and this was one of the reasons that the department's decision to go ahead "cannot stand".

The infrastructure minister told BBC Radio Ulster's Evening Extra her department will go through the judgement before working out what the "next steps are".

"It's a complex judgement and something we will have to navigate our way through, and about how we can move forward," added Kimmins.

"When we go through the judgment, then we will work out what are next steps are."

The judicial review proceedings involved a group of residents, landowners and farmers who mounted a fresh challenge against the decision to begin construction work.

The umbrella group, known as the Alternative A5 Alliance, contended it would breach legislative targets to achieve net-zero greenhouse gas emissions by 2050.

Speaking after Monday's judgement, solicitor Ciaran O'Hare, representing the Alliance, said the group had "never disregarded the safety concerns concerning the current A5 road" and had always argued it should be upgraded "to minimise the adverse effects on the environment and our land".