A5 Climate Change Decision Could Have Far-Reaching Implications for Southern Relief Road

The court decision on the A5 road in Counties Tyrone and Derry may have far reaching consequences for the Newry Southern Relief Road scheme, potentially shelving the project or delaying it for years, which by default would save Newry Ship Canal from closure. The Department for Infrastructure taking time to consider the implications of the ruling.

The lengthy 101 page court report by Mr Justice McAlinden stated three main reasons for his decision to quash a DfI decision to proceed with the first phase of the A5 western transport corridor project from Aughnacloy to Derry City.

Reasons stated were:

• Breach of section 52 of the Climate Change (Northern Ireland) Act 2022 which requires Government departments to ensure that  net Northern Ireland emissions is below a certain amount and that net Northern Ireland carbon dioxide emissions for 2050 is below a certain amount.
• Failure to demonstrate any consideration of the human rights issues raised by the Planning Appeals Commission (PAC) when rejecting the recommendation that permission should be time-limited.
• Failure to comply with the requirements of the domestic iteration of the EIA Directive in respect of placing the new environmental information in the form of the updated GHG emissions estimates out for public consultation and scrutiny.

The main purposes of the Climate Change (Northern Ireland) Act 2022 legislation enacted by the assembly in June 2022 are to provide mechanisms: (a) for the setting of targets for the years 2050, 2040 and 2030 for the reduction of greenhouse gas emissions; (b) for a system of carbon budgeting; and (c) for the provision of reports and statements in respect of those targets and budgets.

The proposed Newry Southern Relief Road may well now face the same need to comply with the 2022 Climate Change targets. The road plans to link the A2 Warrenpoint Dual Carriageway to the A1 Dublin to Belfast Road to help expand freight traffic to and from Warrenpoint Port. The project has been met with resistance locally on several levels, with the provision of a 12m fixed bridge over Newry Ship Canal being one of the most contentious issues, spelling as it would the end of nearly 300 years of maritime history in Newry City. Another bone of contention is the path of the road over the Fathom and Flagstaff area of outstanding natural beauty. 

Newry.ie asked the Department for Infrastructure if it believes the SRR project would comply with the Assembly’s 2022 Climate Change Act and if this judgement precedent will affect the proposed Newry Southern Relief Road. In a short reply a DfI spokesperson said: “The Department will take time to carefully consider the judgement and its broader implications.”