Key point of A5 appeal will not be heard immediately

A key point of the appeal against a ruling which blocked the £1.7bn upgrade of the A5 road will not immediately be heard by the Court of Appeal.

The hearing began in Belfast earlier on Tuesday.

The 58-mile (94km) A5 project had originally been given the go-ahead by Stormont ministers in October 2024.

But in June, a court ruled the Department for Infrastructure's (DfI) plans for the road did not comply with climate change targets.

At the Court of Appeal on Tuesday, Lady Chief Justice Dame Siobhan Keegan said the judge from the previous High Court hearing would have to consider a matter brought before her by the Department for Agriculture, Environment and Rural Affairs (Daera).

Daera was not involved in the High Court hearings, but after the DfI lodged the appeal it was granted permission to intervene in support.

The lady chief justice said the Court of Appeal faced a "difficult position" because Daera had not been involved in the High Court.

She said nobody had been able to explain why arguments Daera's lawyers were now seeking to put forward had not been before the previous court.

She added that the Court of Appeal would remit part of the appeal - related to part of the Climate Change Act - to be heard again by the judge from the High Court, which will happen on Monday.

Another legal flaw related to compliance with an environmental impact assessment (EIA), according to the judge.

It was concluded that the scheme could not proceed without further consultation on methodology for estimating greenhouse gas emissions from induced traffic on the A5.

David Elvin KC, for DfI, claimed the judge erred in that analysis.

"The evidence is that the department did deal with (emissions), and the assessment considered the cross-border difference in any induced traffic," he argued.

"Out of an abundance of caution they produced figures which demonstrated little significance from the scheme, the A5 is not likely to generate much induced traffic."

Judges will continue to hear the other elements of the appeal.

The lady chief justice said this meant the court could use the time available to get on with the appeal, as the judges were "mindful that this case is important for both sides of the argument and we want to avoid delay".

Later on Tuesday, the Court of Appeal proceeded to hear the other elements - on environmental impact assessment grounds and human rights grounds.

A barrister for the DfI addressed issues including the impact of increased traffic, including across the border between the Republic of Ireland and Northern Ireland.

It was concluded that the scheme could not proceed without further consultation on methodology for estimating greenhouse gas emissions from induced traffic on the A5.

David Elvin KC, for DfI, claimed the judge erred in that analysis.

"The evidence is that the department did deal with (emissions), and the assessment considered the cross-border difference in any induced traffic," he argued.

"Out of an abundance of caution they produced figures which demonstrated little significance from the scheme, the A5 is not likely to generate much induced traffic."

Induced traffic is a term used when improving a road can increase vehicle use.

The DfI barrister also said he disagreed with the High Court judge who said human rights assessments had not been carried out.

The barrister said these issues were addressed by the DfI.

In response to the arguments around traffic, a barrister representing the Alternative A5 Alliance said while traffic volume may not increase to the point where it would "blow" the carbon budget, it was impossible to know this and the headroom "is not very great".

The carbon budget is the amount of carbon emissions Northern Ireland can emit while staying within a target to meet net zero emissions.

The Alternative A5 Alliance barrister will resume his arguments on human rights grounds on Wednesday.

The A5 is the Northern Ireland part of the major arterial route that connects the north-west of the island - Donegal and Londonderry - to Dublin, via towns including Strabane, Omagh and Aughnacloy.

The dual carriageway scheme was first announced back in 2007, but has been hit by a number of delays.

More than 50 people have died on the road since 2006 and there has been a long campaign to upgrade it.

The ruling in June which blocked the upgrade came after the project was challenged by a group of residents, landowners and farmers.

The umbrella group, known as the Alternative A5 Alliance, contended it would breach legislative targets to achieve net-zero greenhouse gas emissions by 2050.

Environmental group Friends of the Earth has also been given permission to intervene in the appeal and will argue the DfI's application of the Climate Change Act is inconsistent with rational climate change decision making.

Meanwhile, campaign group A5 Enough is Enough will continue to have similar participation status at the legal battle in support of the upgrade.

The appeal hearing is due to last for three days.