A major £1.7billion road project in Northern Ireland has been thrown into chaos after a judge ruled against the scheme for not complying with recently announced climate change targets.
The A5 road project in Northern Ireland would have seen the development of a new dual carriageway linking Londonderry with Aughnacloy in County Tyrone.
Speaking in court today, Justice McAlinden said the road project would not go ahead because the plans did not comply with climate change targets.
The judgement continued, saying that there was an "inadequacy of information" from the Department for Infrastructure's plans.
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The Infrastructure Minister for Northern Ireland said the Government would 'not give up' on the project
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In relation to Northern Ireland's Climate Action Plan, there was reportedly "no specific mention" of the A5 proposal or its impact on climate change objectives.
Justice McAlinden added: "Yet it would appear that overall, Northern Ireland may have difficulty staying within the first carbon budget that has now been set."
The judge confirmed that the A5 project was not included in Stormont's draft Climate Action Plan, which was published last week.
The cross-border project was estimated to cost around £1.7billion, with £500million being recently committed by the Irish government as it runs to the border.
The A5 road in Northern Ireland
DEPARTMENT FOR INFRASTRUCTURE
Justice McAlinden accepted that the delay to the construction of the A5 would likely lead to more deaths on the dangerous stretch of road, but "the scheme must follow the law".
He said: "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."
Demand for the new road has been growing in response to data which shows that there were 37 fatalities on the A5 between 2012 and 2024.
This is equivalent to 0.44 deaths per kilometre, meaning it had the highest death rate per kilometre for any road in Northern Ireland.
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Similar research shows that more than 1,200 people were injured in collisions on the A5 over the last decade.
Reacting to the decision, Infrastructure Minister for Northern Ireland, Liz Kimmins, said the decision was "extremely disappointing".
The Sinn Féin MLA for Newry and Armagh added: "No doubt this will be heartbreaking for each and every one of them but their campaign will hopefully not go unnoticed and I think the judge today has paid tribute to that."
Critics of the 85km road project launched a legal challenge against the upgrade, citing issues around land ownership.
Mary McDonald, sister of Dan and Christine McKane and niece of Julia McSorley, 75, who died in a collision on the A5, with Dan's daughters Cara and Ruth and SDLP MLA Daniel McCrossan
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The Alternative A5 Alliance (AA5A) have been one of the most vocal opponents to the upgrade, arguing that they could risk losing land that has been in their families for hundreds of years.
Speaking outside the court, solicitor Ciaran O'Hare, who was representing AA5A, said the group had been "vindicated" on a "remarkable day".
Despite the verdict, the Infrastructure Minister said the Government would aim to deliver a "safer A5 that will protect lives".
Kimmins also praised the work done by the Enough is Enough campaign group, which has consistently lobbied to have safety at the forefront of the A5 project.
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