Summary

  • The Court of Appeal in Belfast overturns a decision to block work on one of Northern Ireland's largest ever road projects, the A5

  • The 58-mile (94km) £1.7bn project - which runs from Londonderry to Aughnacloy in County Tyrone - has been in the works for 20 years but has been held up by delays and legal challenges

  • First Minister Michelle O'Neill hailed the ruling as "momentous" and said the focus must now be on getting the road built

  • Describing the legal history of the project as "long and torturous", Lady Chief Justice Siobhan Keegan ruled on four main grounds including human rights and climate change

  • She said the ruling that the plans breached human rights should be reversed and also that the plans should proceed despite how it intersects with the Climate Change Act

  • In 2025, a judge ruled against the project going ahead in its current form, upholding a legal challenge taken by a group of landowners - he said the plans breached climate change targets and criticised "an inadequacy of information"

  • Niall McKenna, from the Enough is Enough campaign which supports the road going ahead, said it was "not a time a celebration" but said there was "a sense of pride"

  • More than 50 people have died on the A5 since 2006 and campaigners have long called for the road to be upgraded

  1. A5: A 20-year timeline of legal challenges and delayspublished at 16:57 BST

    Close up of the A5 on the green road sign
    Image caption,

    Talks surrounding upgrading the A5, first started back in 2007

    2007: A5 upgrade is officially proposed - it would bring the mostly single-carriage major route, linking the island's north west to Dublin, up to a dual carriageway.

    2011: A first public inquiry is held into the project, after 2,000 objections are lodged.

    2012: Then Stormont Roads Minister Danny Kennedy gives the go-ahead for the scheme. The Alternative A5 Alliance (AA5A) group lodges a legal challenge.

    2013: A High Court judge quashes Stormont's decision to proceed with the road, upholding an argument by AA5A lawyers that the planned new route breached habitat directives

    2017: A second public inquiry into the road finds that it should proceed in the wider public interest. The Department of Infrastructure announces work will begin on the Newbuildings to Strabane section the next year.

    2018: A judge quashes the department's decision once again after a second legal challenge. On this occasion, the Department of Infrastructure withdraws its defence. AA5A lawyers argued the decision was unlawful as it was not taken by a Stormont minister but a department permanent secretary as Northern Ireland's power-sharing government had collapsed.

    2020: A third public inquiry begins.

    2024: Stormont ministers give a third green light to the road scheme. Infrastructure Minister John O'Dowd says work would begin in early 2025 and be completed on a phased basis. The AA5A group launches a third legal challenge in response.

    2025: A judge rules against the long-delayed A5 road project going ahead in its current form, upholding a legal challenge taken by a group of landowners

    2026: Court of Appeal overturns the decision to block the A5 project.

  2. Minister coming up soon on Evening Extrapublished at 16:47 BST

    Evening Extra is coming up shortly on BBC Radio Ulster and BBC Sounds - the programme will have Infrastructure Minister Liz Kimmins giving further reaction to today's court ruling.

    It'll also be getting further reaction from campaigners and from those in County Tyrone, where much of the A5 passes through.

    Tune in from 5pm or click the button at the top of this page to listen.

  3. 'This has been going on far too long' - O'Neillpublished at 16:24 BST

    Speaking at Stormont, Michelle O'Neill adds her thanks to party colleague Liz Kimmins, the Infrastructure Minister, and those who supported the legal challenge.

    "I want to commend all those families out there who have been campaigning.

    "This has been going on far too long, unfortunately it has not been a failure of politics, it's actually been a failure in terms of all the legal challenges that have been taken down through the years.

    "We just need to turn this into getting spades in the ground, and actually getting the work done and the road built, which is Liz's determination."

  4. Focus now on getting A5 built - O'Neillpublished at 16:12 BST
    Breaking

    Michelle O'Neill speaking in front of a microphone in stormont. Liz Kimmons to her left and other party members around her.

    First Minister Michelle O'Neill says the court ruling on the A5 is "momentous".

    She says families who have lost loved ones on the road up to now had suffered "harrowing" losses and that the Northern Ireland Executive now needed to focus on getting the road built.

  5. 'Just get it done'published at 16:00 BST

    Close up photo of Colette McKane, Patsy McSorley and Julie McGeehan they are standing side by side outside Belfast courts and are holding a sign that says "Enough lives lost on A5"Image source, PA Media
    Image caption,

    Colette McKane (left), Patsy McSorley (middle) and Julie McGeehan (right)

    Colette McKane was in a crash on the A5 in 2023. She was among seven people on the way home from a funeral in England when their minibus collided with a lorry.

    Three people lost their lives in the crash.

    Colette welcomed the ruling.

    "It has been a long time but worth it and hopefully no other family will have to go through what we have gone through," she says.

    Patsy McSorley's wife Julia died in the collision.

    "It's the right decision at the end of the day," he says. "It should have been done long ago but that's the way it goes."

    Their daughter Julie McGeehan calls for no more delays or appeals: "No more of this, having to drag up the past. Just get it started, just get it done."

  6. 'Long time coming' - delight along the A5published at 15:31 BST

    Mike McBride
    in Sion MIlls, County Tyrone

    A man with glasses wearing an orange 1/4 zip

    Pat McCrea is from Strabane, County Tyrone, and would regularly drive through and stop at the Yarn Spinner Cafe in the heart of Sion Mills for a bite to eat.

    Pat says he is delighted to hear the A5 upgrade has finally being given the go-ahead, as he tucked into his lunch this afternoon.

    “It’s been a long time coming,” he says.

    “The traffic coming through this village is horrendous, so hopefully it can go some way towards alleviating that, as well as in places like Newtownstewart and Victoria Bridge,” he says.

    Pat says the main thing is that the upgrade will hopefully make the road “safer in the long run”.

    two women wearing grey polos and caps

    Vicky and Sienna work at Joe’s traditional fish and chip shop in Sion Mills.

    Vicky says she is delighted that the A5 upgrade can now go ahead because too many families have been ripped apart after losing loved ones on the road.

    She says, in particular, that far too many young people have been killed in recent years and that any improvements that helps make the road safer has to be welcomed.

    “Hopefully it will make it safer because I would travel that road a lot and if you're not familiar with that road, I can see why people could have issues on it."

  7. The A5 lowdownpublished at 15:15 BST

    The A5 is widely considered Northern Ireland's most dangerous road - a 58-mile stretch of tarmac that traverses the west of Northern Ireland and provides passage to the south.

    It begins just north of Londonderry and runs below the border town of Auchnacloy.

    It passes through or around many villages and towns, including Strabane, Sion Mills, Omagh and Ballygawley.

    Although mostly single carriageway with few overtaking lanes, it is a vital artery of the Northern Ireland road network and has more than 200 side roads connecting to it.

    It is the main north-south route in the west of Northern Ireland, providing a link between County Donegal and Dublin, via the N2 in County Monaghan.

    It also connects with the A4 road, linking to Belfast via the M1.

    Reduce Speed Now sign

    Since 2007, more than 50 people have have died on it and scores more have sustained life-changing injuries.

    Official statistics show there has been about a 10% increase in traffic on the road in the last 10 years alone, with increase of about 30% forecast over the next 25 years.

    A plan to transform the most single lane road into a dual carriageway was first proposed nearly two decades ago, with advocates arguing a new, modernised road was needed to save lives.

  8. Take a drive...published at 15:01 BST

    This timelapse video will give you a good idea of what the A5 is like.

    It was taken in 2024 as part of a BBC article which took an in-depth look at the issue.

    The A5 has remained largely unchanged since the 1960s, with the exception of some town bypasses, but there has been a huge rise in the number of cars, lorries and agricultural vehicles using it.

    Media caption,

    A5 Crossroads: Ballygawley to Newtownstewart

  9. How soon could work begin?published at 14:42 BST

    Karen McShane, a civil engineer and expert on infrastructure.

    Karen McShane is a civil engineer and expert on infrastructure.

    She tells BBC Radio Foyle that the start of work on the A5 – Northern Ireland’s biggest infrastructure project – may still be some way away.

    “It's going to take a bit of time to pull together the details of this. We're going to have to relook probably at tenders and costings,” she says.

    As well, she says, the department will also need to finalise the vesting of land (transfer of ownership) and how works will be accommodated among other things.

    McShane adds: “I wouldn't be surprised if it takes six or 12 months to come to a point where we can determine a date when this project can proceed physically on the ground.”

  10. How much will it cost?published at 14:31 BST

    The total cost of the cross-border project is estimated to be in the region of £1.7bn.

    The Northern Ireland Executive committed "about £1.2bn" when the final plan was announced by ministers in late 2024.

    Plans were in place for a further €600m (£500m) to be funded by the Irish government as the A5 runs to the border and is part of the main arterial route from Dublin to the north west of Ireland.

    The Irish government had originally pledged to support the project to the tune of £400m but Ireland was badly hit by the world economic downturn in 2007/08 and it temporarily withdrew its offer in 2011.

    In February 2024, Stormont's then Infrastructure Minister John O'Dowd confirmed the Irish government had recommitted its financial support for the A5, with an increased offer of €600m.

    In September of this year almost £200m has now been spent on the A5 road building project. Some preparation work had been started last year but the original legal ruling put a halt to it.

  11. Alternative A5 will 'carefully consider' judgmentpublished at 14:17 BST

    The solicitor for the Alternative A5 Alliance - an umbrella body of landowners, farmers and supporters - says: "My clients will now carefully consider today's judgment."

    The solicitor adds that his clients "have always been committed to ensuring the A5 project is the subject of the rigour of the law".

    Ciarán O'Hare is standing at microphones, surrounded by people. He is mid-speech and is wearing a suit.Image source, PA Media
    Image caption,

    Ciarán O'Hare pictured outside the High Court in 2025

  12. Tyrone GAA welcome judgmentpublished at 14:03 BST

    Tyrone GAA says the judgment is a "significant development for the A5 project".

    A significant portion of the road runs through the county.

    In a post on X, external, it says: "This is a welcome and important step forward in the long-running process towards the delivery of this vital infrastructure project."

  13. 'A real boost for Strabane'published at 13:52 BST

    Keiron Tourish
    BBC News NI north west reporter

    Woman with brown hair and brown coat staring into camera up close. Green field and trees in background behind her.Image source, bc

    Debbie Deans is the spokesperson for Love Strabane, which campaigns for jobs, investment and town centre regeneration.

    She says the A5 decision is a real boost for the area in terms of economic development, connectivity and road safety.

    "This project along with the other regeneration projects that have already begun, like the public realm scheme and the City Deal, are a real boost for the town centre’s revival and for the people here.

    "This’ll be hugely important in attracting inward investment and much needed jobs.

    "Strabane has always been a gateway to the wider north west so this is a good day to establish Strabane as a destination in its own right."

  14. Victims' families 'absolutely delighted'published at 13:39 BST

    Niamh Mahon
    at the Court of Appeal

    Geraldine O'Neill, whose brother Shane was killed on the A5 in 2008, is "absolutely delighted" with the result.

    "This is a big day. Great for Tyrone," she says.

    "We were hopeful, but we've been hopeful before and we've had our hopes dashed, so it's just fantastic day."

    Three people in a line. On the left a woman has short brown hair and is wearing a black and white cardigan. In the centre a blonde woman is wearing a purple fur trimmed leather jacket. On the right, a bald man wearing black framed glasses is wearing a navy coat.
    Image caption,

    Geraldine O'Neill, Jacqueline Moss and Patsy Kelly

    Patsy Kelly, a former SDLP councillor, says: "Get a move on and get it built."

    "The best thing to see today is see two ministers from two different departments, two different parties working together.

    "Just imagine what we could do in this country if everybody worked together."

  15. A5 funding still in place - Irish governmentpublished at 13:16 BST

    Taoiseach (Irish Prime Minister) Micheál Martin has welcomed today’s decision, saying the Irish government has long supported the project.

    "Road safety is a key concern, and too many lives have been lost in tragic circumstances along the A5 over the years," he says.

    He adds that a funding commitment of €600m (£509m) to the A5 upgrade remains in place.

    The total cost of the project is estimated to be in the region of £1.7bn.

  16. The view from an A5 village: 'The road needs an upgrade'published at 13:08 BST

    Davy Wilson
    in Bready, County Tyrone

    A woman with white hair wearing a multi colour top

    At the Sollus Centre in Bready - one of the most recognisable roadside buildings on the stretch of the A5 that runs between Derry and Strabane - a group of crafters were hard at work on Tuesday morning as news of the judgment came through.

    Florence Hall is among them. She says news that the scheme can go ahead is welcome.

    "The road needs an upgrade, it needs more passing bays, needs modernised and updated. We don’t need a brand new road but it needs widened,” she told BBC News NI.

    She said while there are problems with the road she has concerns about how people drive on it.

    “Too much speed sometimes and not enough care,” she says.

    A woman with light hair wearing a blue jumper

    Elizabeth Given too says the local A5 stretch needs upgraded.

    But she also worries a new road will mean “more speed from drivers”.

    “More speed can mean more human error.

    “A lot of accidents are down to human error, maybe not down to the road itself. I hope a new road doesn’t mean more speed.”

  17. Analysis: What this ruling means for other big projectspublished at 13:00 BST

    John Campbell
    BBC News NI economics and business editor

    This decision is not just about the A5.

    It is about the ability of Stormont to build important infrastructure - things like roads and railways which are essential to the economy.

    The original High Court ruling found that Stormont’s 2022 climate law set a very high bar for the construction of new infrastructure.

    To some observers, it looked like a climate veto on road building.

    As well as the A5 being blocked, other projects were effectively paused.

    The Court of Appeal has now decided that the bar was set too high.

    This does not mean that Stormont ministers can ignore the Climate Act but it will give them confidence that other properly planned infrastructure will be able to proceed.

  18. I'm quite emotional, says agriculture ministerpublished at 12:52 BST

    Niamh Mahon
    at the Court of Appeal

    A group of people standing in front of microphones at a press conference
    Image caption,

    Infrastructure Minister Liz Kimmins and Agriculture Minister Andrew Muir spoke after the ruling

    Minister for Agriculture Andrew Muir says this is an important day.

    "To be honest, I'm quite emotional about this because Liz and I worked together for this appeal because we believe that this project should proceed.

    "This is an important judgment because it's clarifying that climate action and major infrastructure projects are not incompatible - they go together.

    "And what we need to do as an executive is to move forward, to see this road delivered, and also to see climate action occurring in Northern Ireland. I'm committed to that. Liz is committed to that, and this has to be a team effort."

  19. Infrastructure minister is 'absolutely delighted'published at 12:41 BST

    Niamh Mahon
    at the Court of Appeal

    Liz Kimmins and Niall McKennaImage source, PA Media
    Image caption,

    Liz Kimmins and campaigner Niall McKenna outside court on Tuesday

    Infrastructure Minister Liz Kimmins is at court today.

    "Today is a hugely positive day, and for me, today is about the families. I want to thank them for their unwavering support as we went through this process. It does not take away their grief," she says. "We know how important this essential road infrastructure scheme is for them."

    She says she is "absolutely delighted" with the ruling.

    Both her department and the Department of Agriculture worked together to ensure they made the "strongest, most robust" case to the Court of Appeal, she adds.

    "We're delighted they took the time to carefully consider and reach the conclusion that they have today. So for me now, the top priority is let's get on with it, let's get this road built."

  20. A5 has 'rarely been out of the headlines in recent years'published at 12:26 BST

    Niall McCracken

    While reaction to the Court of Appeal's decision continues to filter in, here's a recap of how the case got there.

    The 58-mile stretch of tarmac that traverses the west of Northern Ireland known as the A5, has rarely been out of the headlines in recent years.

    The road 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

    More than 50 people have died on the road since 2006.

    Campaigners who want a new dual carriageway say the current road is not safe and claim its outdated design increases the risk of driving mistakes and accidents.

    But others have raised opposition to the amount of land and farms that will be affected by a new road, as well as environment concerns around the construction of a carriageway.

    Last year, a group of residents, landowners and farmers took a legal challenge to stop work on the project.

    A judge found the project should not go ahead in its current form, saying the Department for Infrastructure's plans did not comply with climate change targets.

    The department then took the case to the Court of Appeal and the ruling went in its favour.

    Lorry and car on A5
    Image caption,

    The A5 is mostly single carriageway with few overtaking lanes