Northern Ireland

United Kingdom

Monmouthshire [Sir Fynwy GB-FYN]

Cheshire East

Walsall

Merton

Cheshire West and Chester

West Lothian

Moray

Calderdale

Wales [Cymru GB-CYM]

Merthyr Tydfil [Merthyr Tudful GB-MTU]

Clackmannanshire

Wolverhampton

Mid-Ulster

Cumbria

Wandsworth

North Ayrshire

Camden

West Northamptonshire

Northumberland

Carmarthenshire [Sir Gaerfyrddin GB-GFY]

Windsor and Maidenhead

North East Lincolnshire

Cornwall

Wokingham

Newcastle upon Tyne

Coventry

Worcestershire

Norfolk

Cardiff [Caerdydd GB-CRD]

Wirral

Nottingham

Croydon

Warrington

Conwy

Wrexham [Wrecsam GB-WRC]

North Lanarkshire

Darlington

Westminster

North Lincolnshire

Derbyshire

West Sussex

Newry, Mourne and Down

Denbighshire [Sir Ddinbych GB-DDB]

York

North Northamptonshire

Derby

Shetland Islands

North Somerset

Devon

Neath Port Talbot [Castell-nedd Port Talbot GB-CTL]

Dumfries and Galloway

Nottinghamshire

Doncaster

North Tyneside

Dundee City

Newham

Dorset

Newport [Casnewydd GB-CNW]

Derry and Strabane

North Yorkshire

Dudley

Oldham

Durham, County

Orkney Islands

Ealing

Oxfordshire

East Ayrshire

Pembrokeshire [Sir Benfro GB-BNF]

Edinburgh, City of

Perth and Kinross

East Dunbartonshire

Plymouth

East Lothian

Portsmouth

Eilean Siar

Powys

Enfield

Peterborough

England

Redcar and Cleveland

East Renfrewshire

Rochdale

East Riding of Yorkshire

Rhondda Cynon Taff [Rhondda CynonTaf]

Essex

Redbridge

East Sussex

Reading

Falkirk

Renfrewshire

Fife

Richmond upon Thames

Flintshire [Sir y Fflint GB-FFL]

Rotherham

Fermanagh and Omagh

Rutland

Gateshead

Sandwell

Glasgow City

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At the beginning of 2025, a group of landowners, farmers, and campaigners under the name the Alternative A5 Alliance (AA5A) filed for judicial review to challenge the Northern Ireland Department for Infrastructure’s (DfI) decision to continue the A5 dual carriageway project. The challenge was filed under Article 67BA of the Roads (Northern Ireland) Order 1993. The major infrastructure project was aimed at improving the A5 route between Derry and Aughnacloy, which has been a lasting safety concern, resulting in numerous civilian deaths. 

The plaintiff alleged that the DfI’s decision failed to comply with Section 52 of the Climate Change (Northern Ireland) Act 2022. This section mandates public authorities to have regard and act in accordance with the legally binding Climate Action Plan, which was not in place at the time the DfI decided to proceed with the project. On these grounds, the plaintiff contends that DfI did not have a proper legal framework to ensure it was complying with Ireland’s climate targets, specifically an emissions reduction cap. 

The plaintiff also contended that the defendant failed to take into account a critical relevant consideration, or a recently updated Climate Action Plan, when it approved the plan. The plaintiff also alleged that the DfI acted unlawfully by disregarding the Planning Appeals Commission’s recommendation of imposing a time limit for the project’s development, representing a breach in procedural fairness. The plaintiff contended that the lack of a time limit caused uncertainty for the landowners and residents near the project, failing to comply with Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. 

The court issued a judgment stating that the DfI acted unlawfully by making a decision inconsistent with Section 52 of the Climate Change (Northern Ireland) Act 2022. The court also stated that the DfI ignored a critical relevant consideration as it proceeded without an updated Climate Action Plan and that DfI violated the principles of procedural fairness when prolonging uncertainty for landowners and residents. The court also ruled that the time limit violations constituted a human rights violation, and ultimately quashed the DfI’s decision to proceed with the project. 

The Court of Appeal overturned the High Court decision. It reasoned that the High Court erred in effectively requiring a greater analysis of this distinct issue of GHG emissions arising from induced cross-border journeys than would be needed to allow the project to proceed. It said an approach which required inclusion of this consideration was too exacting and was over and beyond the requirement to have an adequate environmental impact assessment. The methodology and additional expert evidence filed on behalf of the DfI should have satisfied the High Court that the question of transboundary emissions was adequately addressed.  The Court concluded that provided the authority had considered the greenhouse gas emissions and could explain how the project fits within the broader effort to meet net zero targets, the Court would not interfere to shut down projects on a project-by-project basis where there was otherwise an appropriate EIA.

Geography

Northern Ireland

Recent cases