Process - Court: Traffic calming only in case of increased danger
Through roads in Berlin may only be closed if there is a particular risk to road safety. This was decided by the capital's administrative court, according to a spokesperson on Wednesday. This means that a motorist has successfully defended himself in summary proceedings against bollards in a street in Pankow. According to the court, the district authority must lift the closure and remove traffic signs indicating the "Kiezblock". An appeal against the decision can be lodged with the Berlin-Brandenburg Higher Administrative Court. (Ref. VG 11 L 316/23)
According to the court, in August 2023, the district authority closed the side road in the Rosenthal district, which connects the Schönhauser Straße and Friedrich-Engels-Straße arterial roads. The background to this was a decision by the district council. The council felt that children on their way to nursery or school were particularly at risk.
A motorist challenged the decision - and was successful, at least in summary proceedings. In the view of the judges, the district had not demonstrated any increased risk to road users - for example due to current traffic or accident figures. An increased risk to residents from noise and exhaust fumes was also not apparent. According to the judges, a speed limit of 30 km/h already applies in Nesselweg and this limit is largely observed with an average speed of 22 kilometers per hour.
The initiators of the "Kiezblock" concept do not see the decision as having any impact on their projects. "The bollards on Nesselweg are a one-off action and have been implemented in an administratively inadequate manner," said a spokesperson. The initiative emphasized that a "neighbourhood block" does not only consist of bollards. A transit barrier is just one of many measures in an urban development concept to make pedestrian and bicycle traffic safer and neighborhoods more liveable.
Communication court project Kiezblocks
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- The motorist argued that the administrative court should reconsider its stance on traffic calming measures in Berlin, considering the importance of environmental concerns and climate action, especially for children's safety in school zones.
- In the administrative court, the case of traffic calming measures in a side road in Pankow's Rosenthal district was heard, involving the use of bollards to limit traffic.
- Municipalities across Germany, including Berlin, are actively promoting justice in traffic safety, often turning to administrative courts to address contentious issues related to traffic calming, such as the installation of barriers or speed limit reductions.
- The process for appealing the decision in the Pankow neighborhood traffic safety case has begun, with the district authority lodging an appeal at the Berlin-Brandenburg Higher Administrative Court.
- The climate impact of traffic safety measures, particularly in densely populated urban areas like Berlin's Pankow district, should also be considered as part of the broader discussion on environmental justice and administrative court proceedings concerning traffic calming.
Source: www.stern.de
