Plans to upgrade A5 road rejected as they do not comply with Northern Ireland climate targets
A judge has ruled that the £1.2bn first phase of the A5 project cannot go ahead in its current form because the plans do not comply with climate change targets in Northern Ireland.
A summary of the 100 page document was presented by Judge McAlinden to a packed courtroom that included the Minister for Infrastructure, campaigners, those against the proposed scheme, and the press.
Last year the Department for Infrastructure (DFI) announced it was going to build the controversial dual carriageway that would link Derry with Tyrone.
Preparatory work had already started on the new route near Ballygawley, including the clearing of land.
However, a group known as the A5 Alternative Alliance brought a legal challenge against the decision claiming the plan breaches climate change legislation set out in the Climate Change (Northern Ireland) Act 2022 to achieve net-zero greenhouse gas emissions by 2050.
The judge ruled there was an "inadequacy of information for the purpose of lawful decision making" when it comes to the methodology of estimating greenhouse gas emissions.
"It would appear that overall, Northern Ireland may have difficulty staying within the first carbon budget that has now been set".
The judge also made reference to concerns over human rights saying that the DFI "patently failed to address the human rights concerns" of some of those affected who live along the route of the new proposed road.
It is estimated the project will temporarily affect direct access to more than 130 residential properties and will necessitate the demolition of three resident dwellings.
Since 2006, more than 50 people have been killed on the road and campaigners claim the upgrade would save lives.
Justice McAlinden said he was aware the decision will bring "fresh anguish to the doors of those who have been injured and maimed and those who have lost loved ones".
"However the decision to proceed with the scheme must be in accordance with the law and 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."
The judge added that the "shortcomings" and "short cuts" highlighted in this decision are capable of being remedied and should be done sooner rather than later so a new and safer A5 dual carriageway could be built.
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