A5WTC – Website updates following Court of Appeal Judgement

Do DfI have a date or an estimated date as to when construction on the new A5 dual carriageway will begin?

The Court of Appeal judgment provides the Department with a clear basis to progress the scheme. Any party to the litigation may seek leave to appeal, and the Department will respond appropriately if that occurs.

However, the possibility of a further challenge does not mean that the Department should stand still. The Minister has instructed officials to ensure construction on this important strategic route can begin as soon as possible.  This will involve completing the remaining checks and approvals as well as getting agreement on terms with the current contractors. Any decision on the timing of construction will be taken carefully, in accordance with legal advice, due process and the necessary approvals.

This is first and foremost a road safety project. Too many people have lost their lives on the existing A5, too many families have suffered unimaginable loss, and communities have waited far too long for a safer road. 

That is why the Minister is determined to maintain momentum and do everything lawfully possible to deliver the safer A5 that people across the north-west need and deserve.

What work is included in checks and approvals?

Following the Court of Appeal judgment on 6 October 2026, the Department is undertaking the remaining legal, commercial, financial and governance checks and approvals necessary to allow the project to move to construction. Key activities include agreement of costs with contractors, approval of the Full Business Case, completion of environmental requirements and Contractor mobilisation planning. Any specific implications arising from the judgment will also be considered and incorporated into this work as appropriate. 

How much has currently been spent on the overall A5WTC project?

You cannot put a price on a life. Too many people have lost their lives on the existing A5, over 50 people since 2006. The Western Transport Corridor (A5WTC) proposals will improve road safety, reducing the risk of future fatalities and serious injuries. Every penny spent on this project has been to try and advance it. It is spent with the intention of saving lives on that road, that is what public money should be spent on.

Total expenditure on the A5WTC from project inception to 2025/26 is £192.5 million. Of this total, £38.8 million was expended during the 2025/26 financial year; however, this figure has not yet been audited and remains subject to change. It is important to emphasise that this figure is accumulated over 20 years and that investment has provided us with a scheme that is extensively developed, comprehensively assessed and significantly de-risked, with major archaeological, environmental and ground investigation works already completed.

What is the current projected cost of the A5WTC? 

The £1.7 billion figure recently reported in the media is not the Department's most recent published cost estimate for the A5WTC. As set out in the October 2024 Departmental Statement, which underpinned the decision to proceed, the emerging cost estimate for delivery of the full A5WTC was approximately £2.1 billion. 

Of that total, the emerging estimated cost of the currently authorised section of the scheme, Sections 2 and 3 (Phase 1B), the 55-kilometre section between south of Strabane and Ballygawley was approximately £1.2 billion.

As these estimates were prepared in 2024, subsequent delays to the project have caused inflationary pressures, while changes in market conditions will have further impacted costs. The scheme's cost estimates are therefore under review. 

What is the Dublin Government's contribution to the A5WTC?

The Dublin Government has been a longstanding funding partner in the A5WTC and reaffirmed its commitment of €600 million to the project through the Shared Island Fund. Following the Court of Appeal judgment the Taoiseach, in welcoming the judgment, also publicly announced his continued commitment of this funding. The Department continues to work closely with the Dublin Government as the project progresses towards construction.

Will the Department engage with AA5A to avoid further litigation

Officials are always ready to engage with any interested parties, including the AA5A, should they wish to do so.

Can AA5A still appeal?

Any party to the litigation may seek leave to appeal and the Department will respond appropriately to any such application and will continue to act in accordance with legal advice, due process and all statutory requirements.  The statutory process allows time for an application first to the Court of Appeal and, if necessary, directly to the Supreme Court. It will then be for the relevant Court to determine whether permission should be granted. Until that position is clearer, it would be premature to provide a firm construction date.

Any application for leave to appeal to the Supreme Court will inevitably impact the commencement of construction. 

Minister Kimmins appeals to anyone considering further legal action to reflect carefully on the lives at risk on the existing A5 and the consequences of any further delay, and to refrain from taking action that could prevent this vital road safety project from moving forward.

Can the Department review (provide clarity on) land valuations following the recent Court of Appeal judgment?

Minister Kimmins acknowledges that the quashing of the vesting orders following the High Court judgment in June 2025, and the subsequent appeal process, created uncertainty and challenges for affected landowners.

While the Department was successful before the Court of Appeal, the legal position regarding the vested land remains unchanged until the Court makes the formal order giving effect to its judgment. As the wording of that order may affect the next steps, the Department will await its receipt before taking any substantive action. 

All Departments are required to follow vesting procedures set out in the Local Government Act (Northern Ireland) 1972. Responsibility for those procedures rests with the Department for Communities (DFC), following the transfer of functions in 2016, including responsibility for any review of the legislative framework.

Compensation arising from the exercise of compulsory purchase powers is assessed on the basis of independent professional advice provided by the Department of Finance's Land & Property Services (LPS). 

Minister Kimmins recognises the concerns raised by farmers and landowners regarding both valuation and the uncertainty caused by the legal proceedings. To provide greater business certainty for the farming community, a commitment was made that works on lands affected by vesting would not commence until after 31 December 2026. This commitment was intended to give affected landowners greater assurance while the legal process and any subsequent governance requirements are concluded. 

While not the fault of the Department, the legal proceedings and the quashing of the Vesting Orders disrupted the normal compensation process and delayed access to compensation funding for some affected landowners. Any claims arising from evidenced financial impacts will be assessed independently by Land & Property Services on a case-by-case basis in accordance with the statutory compensation framework.

Following receipt of the Court's final Order, officials will continue to engage directly with affected landowners, their professional agents and representative organisations to explain the implications of the judgment, discuss the compensation process, consider individual circumstances and provide clear and timely information as the project progresses.

Further guidance for landowners can be found at https://www.infrastructure-ni.gov.uk/publications/guidance-landowners 

Until what date will affected landowners be permitted to continue farming land required for the A5WTC project?

The Minister had previously provided assurances to affected landowners that they would be able to continue farming land required for the A5WTC until 31 December 2026. The Minister stands by that commitment. This means that, subject to any specific arrangements agreed with individual landowners, farming activities can continue on the affected lands up to that date.  

What is the total amount paid to landowners affected by the A5WTC, broken down by (i) compensation for use and occupation of land from 25 November 2024 until 31 March 2026; (ii) reinstatement costs; and (iii) payments under licence agreements

The approximate amounts paid out to landowners under the above categories are as below:

(i) (excludes payments under licence agreements) £0.570m

(ii) £3.275m

(iii) £0.104m

Can the Minister provide clarity on the position of the A5WTC Vesting Orders following the Court of Appeal Judgment? 

The Department was successful on all grounds before the Court of Appeal. However, the legal position regarding the vested land remains unchanged until the Court makes the formal order giving effect to its judgment. As the wording of that order may affect the next steps, the Department will await its receipt before taking any substantive action.

As matters currently stand, the land has not yet reverted to Departmental ownership. This is expected to occur once the Court's formal order is made, at which point ownership will return to the Department.

How will landowners be treated?

Minister Kimmins recognises that the Court of Appeal judgment has significant implications for landowners affected by the scheme. Many have experienced uncertainty as a result of the prolonged legal process 

Once the Court of Appeal makes the formal order giving effect to its judgment, officials will engage directly with landowners and their agents to keep them informed of the next steps, including anticipated timeframes for contractor mobilisation and the commencement of works. The Department will also continue to work with UFU to assist in these communications.  Compensation will continue to be dealt with in accordance with the statutory framework. 

What does this mean for Climate Change Act obligations?

The judgment provides important legal clarity and vindicates the Department’s position throughout that it complied with the requirements of the Climate Change Act. This is a very welcome outcome, providing the certainty needed not only for the A5WTC but for the delivery of major infrastructure projects across the North. Minister Kimmins will continue to work with DAERA and Executive colleagues to support infrastructure delivery while maintaining our climate ambitions.

What is the cost of the Court of the A5WTC Appeal.

As the Department has not yet been invoiced for all legal costs associated with the ongoing proceedings, it is not possible to provide this information at this time.

Could a Supreme Court application delay the project?

A further legal process would inevitably create uncertainty and could affect the delivery timeframe. The decision on whether to grant leave, if sought, rests with the Courts and may take some time. The Department will continue to respond appropriately to any legal steps while doing everything lawfully possible to avoid unnecessary delay and preserve project readiness.

 Can the department proceed with the scheme given that there may be a subsequent challenge to this decision?

 The Court of Appeal judgment provides the Department with a clear basis to progress the scheme. Any party to the litigation may seek leave to appeal, and the Department will respond appropriately if that occurs.

However, the possibility of a further challenge does not mean that the Department should stand still. Officials have been instructed to ensure construction on this important strategic route can begin as soon as possible.  This will involve completing the remaining checks and approvals as well as getting agreement on terms with the current contractors. Any decision on the timing of construction will be taken carefully, in accordance with legal advice, due process and the necessary approvals.

This is first and foremost a road safety project. Too many people have lost their lives on the existing A5, too many families have suffered unimaginable loss, and communities have waited far too long for a safer road. 

Minister Kimmins is determined to maintain momentum and do everything lawfully possible to deliver the safer A5WTC that people across the north-west need and deserve.