Court Challenge: Minister Plans to Contest Judicial Decision Halted on A5 Highway Improvement Project
The Department for Infrastructure in Northern Ireland has officially lodged a Notice of Appeal to the Northern Ireland Court of Appeal against the June 2025 High Court ruling that quashed permission for the A5 road upgrade. The appeal aims to address delays caused by legal challenges and to rectify the breach of climate change legislation [1][2][3][4].
The High Court ruling, made by Mr Justice McAlinden, overturned permission for the £1.2 billion upgrade, primarily because the Department for Infrastructure failed to provide sufficient evidence that the project complied with Stormont's legally binding climate change legislation, specifically the Climate Change Act of 2022. This law requires departments to ensure decisions align with emissions targets and carbon budgets toward net zero by 2050 [1][2].
Concerns around climate change legislation focus on whether the environmental impact assessment for the new dual carriageway adequately demonstrated its compatibility with Northern Ireland’s statutory emission reduction targets. Landowners and environmental opponents have repeatedly challenged the project on environmental grounds, citing impacts to farms and questioning if upgrading the existing road might be preferable. The legal challenge highlights the tension between urgent infrastructure improvements for safety and the need to meet climate commitments [1][2].
Sinn Féin MLA Liz Kimmins, who has announced plans to appeal the court ruling, stated her intention to ensure the A5 upgrade is completed in the shortest possible time. Kimmins, the current Minister for Infrastructure, has secured executive approval for the appeal, emphasizing the project's importance for road safety and regional infrastructure [1][2][3][4].
The A5 upgrade, connecting Derry to Co Tyrone's border with Ireland, and further to Dublin, was first announced in 2007. The upgrade of the A5, which runs from Derry to Aughnacloy, Co Tyrone, has been the subject of more than 50 road-related fatalities. Campaigners, including the A5 Enough is Enough group, have urged for the immediate progression of the A5 upgrade to prevent further fatalities [1][2][3][4].
DUP MLA Deborah Erskine has expressed concerns about the time it will take for an appeal to address climate targets and the impact it may have on other infrastructure projects. Erskine suggests that unless parties like Sinn Féin, the Alliance Party, and the SDLP act to resolve the consequences of their policies, they risk holding up not just the A5 but a range of vital infrastructure projects [1].
The A5 upgrade remains a critical infrastructure project supported by local authorities and the Irish Government, which is contributing €600 million. The project's success would improve safety and transport connectivity in the region [1][3].
This reflects an ongoing legal and political effort to reconcile infrastructure development with environmental statutory obligations. The court ruling stated that the proposed A5 upgrade breaches elements of climate change legislation, and the appeal process is set to determine if the project can move forward while adhering to these commitments.
[1] Belfast Telegraph, "A5 road upgrade: Minister Liz Kimmins announces plans for appeal after court ruling," 10 September 2025. [2] BBC News, "A5 road upgrade: Judicial review ruling quashes permission for project," 15 June 2025. [3] News Letter, "A5 road upgrade: Minister Liz Kimmins secures executive approval for appeal," 12 September 2025. [4] Irish News, "A5 road upgrade: Department for Infrastructure lodges appeal against court ruling," 9 September 2025.
The Ministry's appeal concerning the A5 road upgrade, which focuses on addressing delays caused by legal challenges and the breach of climate change legislation, is a significant aspect of policy-and-legislation in Northern Ireland's political landscape. This legal challenge, covering climate change obligations, highlights the ongoing struggle to balance infrastructure development with environmental statutory commitments.
