Stormont’s Infrastructure minister is to appeal the decision of a Belfast court to overturn permission for Northern Ireland’s biggest roads project.
In June, Belfast’s High Court found in favour of landowners who had opposed the redevelopment of the A5 road through Tyrone and Derry.
The judge said there was insufficient evidence that the project complied with Stormont’s own legally binding climate change legislation.
Stormont’s Climate Change Act of 2022 puts an onus on Stormont departments to ensure Northern Ireland meets its emissions targets and carbon budgets on the way to net zero by 2050.
Mr Justice McAlinden said he had seen insufficient evidence that the building and operation of the new A5 fitted with this legal requirement.
The £1.2 billion upgrade is an important link for the wider northwest, including Donegal, and is being supported with €600m of Irish Government money.
In July, Infrastructure Minister Liz Kimmins flagged her intention to appeal but needed the support of her Executive colleagues.
The section of the A5 challenged in court in June was a 55km section linking Strabane and Ballygawley
Today she said she had secured executive approval, and the case could now proceed to Northern Ireland’s Court of Appeal.
“I have instructed legal counsel to submit an appeal, and that will be done imminently ahead of the deadline for appeal, which is Friday 8 August,” she said.
She added: “So that is be it currently being finalised. I think it’s fair to say that the officials and myself and my team have been working night and day to ensure that we are submitting a very robust appeal, whilst also looking at all of the other options, and we continue to work through that in parallel to the appeal that we will be lodging.”
The High Court decision to quash permission for the project was greeted with dismay by supporters.
They had campaigned vociferously on behalf of the new road, citing safety concerns on what is an existing single carriageway that carries a large volume of business and farm traffic.
The huge upgrade is a flagship project of the Northern Ireland Executive.
Since the scheme to build a dual carriageway was first proposed, more than 50 people have been killed along the road.
It has been dubbed the most dangerous road in Ireland.
Landowners have successfully challenged the project three times, predominately on environmental grounds.
They are opposed to the impact on farms and homes and say the existing road could be improved rather than building a new one.
The land vested runs to more than 3,000 acres and affects more than 300 farms.
Niall McKenna of the A5 Enough is Enough group said the news of the appeal comes as as a relief to the families of victims of this road and will be very much supported by them.
In a statement, he said that “enough people have died on the A5. It is high time the courts stopped future lives being lost on this cruel road.”