Approval for the Construction of the Final Segment of the Flöha Bypass
Leipzig, Germany – The construction of the final segment of the Flöha bypass has been deemed largely lawful by a ruling from the Federal Administrative Court in Leipzig. However, the court has ordered a review of a specific aspect related to the discharge of road wastewater into the Zschopau River. (Ref: BVerwG 9 A 9.23)
Project Overview
The project involves the construction of a 1.7-kilometer stretch over the Flöhatal valley, including a nearly 600-meter-long bridge. Two environmental protection organizations had filed a lawsuit against the approval decision issued by the Saxon State Directorate. They alleged violations of habitat and species protection laws and objected to the chosen route.
Court’s Decision
The Federal Administrative Court largely dismissed the objections raised by the plaintiffs. However, the court found that a further assessment is necessary to determine whether the planned discharge of road wastewater into the Zschopau River complies with the prohibition of water quality deterioration. Construction of the bypass cannot commence until this review has been completed.
Environmental Concerns
The environmental organizations had argued that the project would damage protected habitats and endanger endangered species. The court, however, did not find sufficient evidence to support these claims. The court acknowledged that the project will have some impact on the environment, but it determined that these impacts have been adequately mitigated through measures such as compensation areas and wildlife crossings.
Trassenwahl
The plaintiffs also raised concerns about the chosen route for the bypass, arguing that it would unnecessarily fragment habitats and increase noise pollution. The court dismissed these objections, stating that the route had been chosen based on a thorough examination of alternative options and that it met the legal requirements for balancing environmental protection and transportation needs.
Water Quality
The court’s decision to order a review of the planned discharge of road wastewater stems from concerns that it could violate the prohibition of water quality deterioration. This prohibition aims to prevent any worsening of the ecological status of water bodies. The court noted that the Zschopau River is already in a poor ecological state and that the discharge of road wastewater could further degrade its water quality.
Next Steps
The Saxon State Directorate must now conduct the necessary review to assess the compatibility of the planned discharge with the prohibition of water quality deterioration. Depending on the outcome of this review, the Directorate may need to modify or adjust the project plans to ensure compliance with environmental regulations.
Conclusion
The Federal Administrative Court’s decision largely approves the construction of the final segment of the Flöha bypass. However, the court’s order for a review of the planned discharge of road wastewater emphasizes the importance of ensuring that infrastructure projects do not compromise environmental protection. The project can only proceed once the necessary review has been completed and any necessary modifications have been made to ensure compliance with water quality regulations.
