Appeal lodged over High Court ruling that A5 scheme cannot proceed
By Jonathan McCambridge, PA
A notice of appeal has been served against a court ruling that the construction of the new A5 road should not go ahead in its current form, Infrastructure Minister Liz Kimmins has said.
The minister has insisted she is determined to see the ambitious roads project completed, despite the setback in the High Court in June.
Then Mr Justice McAlinden quashed the Stormont Executive’s move to approve the £1.2 billion roads scheme following a legal challenge from a group including residents, farmers and landowners.
The judge said the proposals breached sections of Northern Ireland’s Climate Change Act as they did not demonstrate how they would comply with the commitment to reach net-zero carbon emissions by 2050.
There have been more than 50 deaths on the A5, which links Derry with Aughnacloy in Co Tyrone, since 2006.
A scheme to turn the road into a dual carriageway was first approved by the Executive in 2007, but it has been held up by legal challenges and uncertainty over funding ever since.
Speaking as the appeal was lodged on Wednesday, Ms Kimmins said: “I am determined to see this project go ahead and therefore it is important that we appeal the decision made in the High Court on June 23.
“Too many lives have been lost on the A5, and far too many have been injured.
“We owe it to those people and their families to use every opportunity available to us to improve road safety in this area.”
The minister added: “The A5 Western Transport Corridor is a vital infrastructure project; my team and I have been working around the clock and will continue to do so.
“We are determined to build the A5.”
The deadline to lodge an appeal against the court ruling was Friday.
When he delivered his judgment in June, Mr Justice McAlinden said he was aware it would bring “significant, fresh anguish to the doors of those who have been injured and maimed and those who have lost loved ones as a result of road traffic accidents on the existing A5 road”.
He said: “One of the primary justifications for the construction of this new road is that it will be much safer than the existing road and that, over time, many lives will be saved and many serious injuries prevented and many families will be spared the utter heartbreak of the sudden and shocking loss of a loved one.
“It is likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road.”
The judge added: “However, the decision to proceed with the scheme must be taken in accordance with the law 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 said the “shortcomings and shortcuts” in the proposals for the roads scheme could be remedied.
