Commodity watch by policy officer Daniel Toft
The long-running A5 Western Transport Corridor project has again been halted following a High Court judgement that quashed the latest version of the scheme. The ruling, which was handed down on 23 June, upheld three of the grounds within the legal challenge brought by the Alternative A5 Alliance. As a result, the scheme in its current form cannot proceed.
Climate legislation
At the heart of the judgement was a finding by Mr Justice McAlinden, that the Department for Infrastructure (DfI) had failed to uphold its legal duties under Northern Ireland’s climate legislation. Specifically, the court found that the decision to proceed with the A5 project was not compatible with the Climate Change Act (Northern Ireland) 2022 or the Executive’s environmental and emissions reduction targets. The Department has failed to conduct a sufficiently robust assessment of the project’s climate impact and has therefore rendered the scheme unlawful.
As a result, the Infrastructure Minister confirmed in the NI Assembly that all vesting orders associated with the current plan will be quashed, with an ongoing process to do so. The Minister noted that landowners who had land vested for the scheme will have their property returned. The Department have confirmed that they will issue correspondence to affected landowners shortly and provide formal notification of the ruling and outlining available options.
Uncertainty
The decision has brought further uncertainty around the future of the A5 for all involved, and the ruling does not necessarily lead to the end of the project. The Minister stated that “nothing is off the table,” confirming that the Department is reviewing its legal options and the possibly next steps. This includes the possibility of lodging an appeal or undertaking a redesign of the scheme to ensure legal compliance.
The Ulster Farmers’ Union has long recognised the need for road safety improvements along the A5. We have also consistently pressed for transparency, fairness and clear communication with affected landowners throughout this lengthy process. This latest development only reinforces the importance of clear communication, proper consultation and genuine engagement with those most affected. It is vital that the Department now moves quickly to reassure landowners and provide clear guidance on how the quashing of vesting orders will be handled in practice.
Clarity needed
Following the court ruling, the UFU is calling for greater clarity and certainty around the future of the A5 project. We are actively engaging with the DfI to understand what this means for our members and what mechanisms will be in place to resolve all ongoing issues. We are also seeking assurances that landowners will not be left in limbo, especially those who have already experienced significant disruption.
The UFU will continue to monitor the situation closely and keep members informed as new information becomes available.
