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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Source: www.stern.de
