Where tracks once lay, apartments will soon be built – but a change in the law could make construction projects like the one at Stuttgart Central Station almost impossible. The Association of German Cities is sounding the alarm.
According to the German Association of Cities, a new legal situation makes important construction projects on railway land that is no longer needed almost impossible – this could become a problem for the city of Stuttgart in particular. The city is planning, among other things, to build thousands of apartments on the track area of the Stuttgart main station, which will soon no longer be used. But this is now said to have become significantly more difficult with the change in the law. The Association of Cities points this out in a letter to its members, which has been made available to the German Press Agency.
Specifically, it is a change to the General Railway Act. It also regulates the so-called decommissioning of railway areas that are no longer needed, so that they can be sold and used for other purposes. Since the change in the law at the end of last year, railway operating areas are of “overriding public interest”. The areas may only be used for other purposes if other projects outweigh this interest.
The federal government wants to prevent railway land that might still be needed later from being sold off and built on without further ado. After all, the railway and its passengers are still suffering from the decades-long dismantling of the rail network. But the Association of German Cities fears that the new rules will make the hurdles too high for any other project.
German Association of Cities: Only projects of outstanding importance are possible
According to this, only projects “that are also in the overriding public interest by virtue of a law” can now be implemented on the sites, writes the association, citing the responsible Federal Railway Authority (EBA). These could be projects for national defense, wind or solar projects or certain federal highway projects. “The construction of housing or the creation of jobs are not included,” at least that is how the Association of German Cities interprets information from the EBA.
This could also become a problem for Stuttgart. The city has not yet submitted an application for decommissioning the main station’s track area. This is clear from the federal government’s response to a corresponding request from Green politician Matthias Gastel. The MP is certain that the new law does not allow the track area to be decommissioned in favor of buildings, as planned by the city of Stuttgart.
City of Stuttgart has constitutional concerns
The city of Stuttgart sees things differently. The federal government is not authorized to simply stockpile railway land, said a spokesman for the state capital: “As long as there are no positive federal plans for land, it cannot be removed from the planning jurisdiction of cities and municipalities.” The federal government has no plans for future use of the current railway land in Stuttgart. “The mere preservation of the possibility of future railway use by the federal government is not constitutionally sufficient to refuse to decommission the current track areas in the center of the city,” said the spokesman.
But the Association of German Cities warns in its letter of consequences that extend beyond the state capital: “As we learned from an initial survey of the members of the Construction and Transport Committee of the Association of German Cities, there is a risk that numerous local projects – especially housing projects – will come to a standstill.” The city of Stuttgart announced that it would now network with other affected parties and campaign to ensure that their rights were guaranteed.
Gastel acknowledges the problem, but continues to support high hurdles for the decommissioning of railway land. “As the Greens, we will not generally stand in the way of building on the track area,” he said. His party is prepared to amend the Railway Act again. “For Stuttgart, as elsewhere, there must continue to be high hurdles and tough conditions for decommissioning: exemptions from railway operational purposes must not stand in the way of the growth in rail that this and previous federal governments are striving for.” The federal government’s goal is to double passenger numbers by 2030. “Opportunities for this goal must not be blocked anywhere,” stresses Gastel.
Source: Stern
