A5: No delays in dealing with latest legal challenge, judge says

Work on the first phase of the 53-mile stretch of road is currently due to begin early in 2025.

The scheme, which forms part of a proposed key cross-border business route linking Dublin and the north west, has already been held up by previous legal actions.

Fresh proceedings have now been brought by nine individuals against the Department for Infrastructure (DfI).

They claim the decision to begin the initial phase breaches legislative goals for cutting greenhouse gas emissions in Northern Ireland.

The Climate Change (NI) Act 2022 contains a series of interim targets moving towards achieving net-zero emissions by 2050.

According to lawyers representing the group, approving part of the A5 scheme is irrational and an unlawful breach of the Climate Change Act.

Further grounds of challenge allege a breach of planning regulations; a breach of habitats regulations by failing to take an appropriately precautionary approach to the impact on the Tully Bog conservation area; a failure to further consult the public; and a breach of the group’s Article 8 human rights.

The court also heard that the applicants are seeking a protective costs order which would impose a cap on any legal bill.

None of them attended the preliminary hearing to timetable the case on Tuesday.

Paul McLaughlin KC, for the DfI, made clear that the legal action will be resisted.

“The instructions of the minister [John O’Dowd] are to oppose the challenge, and to do so as expeditiously as the court can allow,” he said.

Adjourning proceedings until next week, Mr Justice McAlinden assured the parties: “I will clear whatever dates you agree, move other cases and get [another judge] to deal with them.”