Marc Willers KC and Acland Bryant of the Garden Court Environmental Law & Climate Justice Team act for the Alternative A5 Alliance group.
This week, the High Court in Belfast has heard judicial review proceedings brought by the Alternative A5 Alliance, a group comprised of landowners, farmers and campaigners, against the Department for Infrastructure’s approval of a development of the first phase of a dual carriageway scheme in Northern Ireland.
Counsel for the Appellant, Marc Willers KC and Acland Bryant, argued that a Planning Appeals Commission inquiry into the A5 upgrade recommended against proceeding with the development, unless the Department was satisfied it would not undermine targets moving towards achieving net-zero emissions by 2050. These targets are set out in the Climate Change (Northern Ireland) Act 2022.
Quoted in ITV News, Marc Willers KC stated in Court:
“We challenge the decision taken by the Department on the basis that it amounts to a breach of Section 52(1) of the Climate Change Act 2022, and on the basis that it was irrational. The net-zero objectives contained in the (Climate Change (Northern Ireland) Act 2022) are mandatory…It is a legal imperative, unless (the Department) can demonstrate with such precision that it will not prevent or prejudice those statutory targets being met.”
In response to those supporting the scheme, including bereaved families of those killed in crashes on the A5 road, Marc stated: “Nothing I say should be taken as an attack on the position taken by the families, we are truly sorry for their loss.”
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