MIL OSI Translation. Region: Germany / Deutschland –
Source: Swiss Canton of Uri – news in German
November 26, 2020
The West-East Connection (WOV) project is a big step further. The higher court did not allow the complaints against the WOV, insofar as they requested the revocation of the planning permission for the road project. In the rulings on the last four complaints pending before the Uri Higher Court, the court supports the proposed line and other essential points. The complaints were partially approved in secondary points: the canton must call in the appraisal commission, implement the environmental requirements of the FOEN and selectively examine the variants in the area of bicycle traffic at Langmatt.
The higher court of the canton Uri dealt with the last cantonal pending complaints about the WOV. The judgments were served on the parties. In the main points, the court supports the previous planning. The complainants’ main motions were rejected. “We are very satisfied with the verdict,” says Building Director Roger Nager. “We are a big step further”. Nager emphasizes that the higher court fully supports the canton of Uri in the central points. For example, the complainants’ request to reject the plan approval was not granted.
Lines of WOV including roundabout confirmed
The upper court gave a detailed opinion on the choice of line variant. It is recognized that the canton has seriously examined all variants and, after weighing up all public and private interests, has chosen the best variant for the general public and has seriously examined all variants. According to the higher court, the south variant through the Ruag area, which is requested by one party, does significantly worse. With this, the higher court confirmed the lines of the WOV including roundabouts contained in the structure plan adjustment 2016 and the voting message as well as the maximum speed of 80 km / h planned for the WOV. The areas of noise and immission control gave no cause for complaint. According to the judgment of the higher court, the canton has fulfilled its tasks here.
Check the bike guide selectively
The government council has to make improvements, namely selectively with the bike tour on Gotthardstrasse at the Langmatt intersection. The higher court stated that in this area the alternative variants under consideration had not been properly examined. The building management will take on this task immediately.
Include appraisal commission
The higher court demands a change regarding the inventory and condition of existing buildings that could possibly be affected by the construction. In this case, the civil court should not be called in, as provided by the government council, but the appraisal commission under expropriation law. The building management will transfer the documents for the determination of any compensation to the appraisal commission and submit a request to the appraisal commission for early possession. In this context, the commission will also have to decide on the necessary evidence-preserving measures.
Support in the federal agglomeration program
The higher court also states that the building management should have obtained an assessment from the Federal Office for the Environment (FOEN) before planning approval, since the federal government is supporting the project financially. In fact, immediately before the plan was approved, the federal government had promised to support the WOV project within the framework of the agglomeration program for the coordination of traffic, settlement and landscape with a contribution of around CHF 9 million. The decision was made with a view to improving the quality of the transport system and its high effectiveness, which will be achieved with the project. The hearing of the FOEN has now been made up for during the judicial proceedings. The higher court regards the procedural error as “cured”. It explains the FOEN’s assessment as part of the planning approval and the applications made therein as project-binding conditions. They mainly concern compensatory measures.
The higher court rejects all other complaints from the complaining parties. “We take up the three points criticized by the higher court,” says construction director Nager. As soon as the judgments are final, the building management will inform about the further procedure.
Two further complaints about the Schächen node are currently pending before the federal court. However, the suspensive effect was withdrawn from them.
Further information on the west-east connection: www.ur.ch/wov
On behalf of the government council: registry office
Inquiries from media professionals: Roger Nager, Building Director, phone 041 875 2600, email firstname.lastname@example.org
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.