A5 appeal to return to Northern Ireland High Court over climate change argument

An appeal hearing is underway in Belfast into the £1.7 billion dual carriage upgrade of the road after climate target concerns forced the project to be stopped, despite approval by Stormont.

But at the Court of Appeal, Lady Chief Justice Dame Siobhan Keegan said issues around the Climate Change Act – including departmental responsibilities in the Climate Action Plan – would need to be put before the original High Court judge for consideration.

Jennifer Lee, a construction disputes expert with Pinsent Masons in Belfast, said: “This development underscores the importance of procedural rigour in litigation and the potential consequences when key evidence is not properly presented at first instance.”

Stormont’s Department for Agriculture, Environment and Rural Affairs has been given permission to intervene in the appeal in support of the project despite not having been involved in the High Court case.

Because the arguments had not been heard by the High Court, the lady chief justice ruled they would need to be heard on Monday by the previous judge before it could be considered by the Court of Appeal.

The decision comes amid an emotive week for the case, with road safety campaigners calling for the appeal to take into account the loss of life on the road in recent years.

In June the High Court upheld a claim by Alternative A5 Alliance, which had challenged the approval of the 58-mile road project as being in breach of the Northern Ireland executive’s climate legislation before it was signed off.

The decision puts much scrutiny on the Climate Change Act (Northern Ireland) 2022, and how its obligations may impact decisions around approval of carbon-intensive infrastructure projects.

Pinsent Masons’ building disputes expert Meghan Kirk added: “Whilst the appeal continues against two other findings reached by the High Court, the remittal to the High Court of this other ground will inevitably delay the much-awaited decision further.”