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Eastern Bypass of Warsaw – missing fragment, construction delayed, Provincial Administrative Court’s judgment

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The Eastern Bypass of Warsaw is still not out of the planning phase and this will not change for now. On January 30, the Provincial Administrative Court announced a judgment that means further months of delay. There is still a 14-kilometer section left to complete the Warsaw ring.

Almost three years have passed and the issue of issuing a decision on environmental conditions for the Warsaw Eastern Bypass (WOW) within S17 is still unresolved.

Małgorzata Tarnowska, spokeswoman for the Warsaw branch of the General Directorate for National Roads and Motorways, announced that on January 30, the Provincial Administrative Court announced a judgment in which it overturned the contested decision of the General Directorate for Environmental Protection. In this decision, GDOŚ overturned the entire decision of RDOŚ in Białystok (issuance of environmental decisions for both sections of WOW) and discontinued the administrative proceedings conducted by RDOŚ.

“GDDKiA still cannot operate”

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The Provincial Administrative Court’s judgment regarding the section S17 Ząbki–Warszawa Wschód (Zakręt), i.e. the longer of the two missing fragments of the Warsaw Eastern Bypass, is invalid, which means that the parties have the right to submit a cassation appeal to the Supreme Administrative Court. What is the practical aspect of the judgment handed down on Tuesday?

– GDDKiA still cannot act on the implementation of investments. This means more months of waiting for further proceedings. We are waiting for the justification of the judgment, Tarnowska said.

For the shorter section of S17 WOW, Drewnica-Ząbki, the judgment was issued on October 20, 2023 and is analogous to the current judgment. In the justification for the judgment, the Provincial Administrative Court stated that the General Directorate for Environmental Protection did not make sufficient factual findings to allow the annulment of the decision issued by the Regional Directorate for Environmental Protection in Podlasie. Additionally, GDOŚ allegedly did not sufficiently investigate whether the case should be transferred from Warsaw to Białystok. Cassation appeals have been filed, which means that the case will be considered again by the Supreme Administrative Court.

More than eight years since the application was submitted

The WOW case began in July 2015, when GDDKiA submitted an application to the Regional Directorate for Environmental Protection in Warsaw for the issuance of environmental decisions for two sections of S17 Drewnica–Ząbki and Ząbki–Warszawa Wschód. In 2017, GDOŚ transferred the case to RDOŚ in Białystok, after it turned out that Arkadiusz Siembida, director of the Warsaw branch of RDOŚ, is a resident of Wesoła, through which the artery is to run. In December 2018, the Podlasie Regional Directorate for Environmental Protection issued environmental decisions for both sections.

In February 2021, GDOŚ completely annulled two decisions of RDOŚ in Białystok. He also discontinued the proceedings before the Regional Directorate for Environmental Protection in Białystok for both projects. The decisions of GDOŚ were appealed against by various entities to the Provincial Administrative Court in Warsaw. The Provincial Administrative Court, in its judgments of August 24, 2021 for the Ząbki-Warszawa Wschód section and of January 19, 2022, for Drewnica-Ząbki, annulled the abovementioned. decisions of GDOŚ. On March 7, 2023, the Supreme Administrative Court’s hearings were held in cases relating to both parts of the Provincial Administrative Court, and the Supreme Administrative Court overturned the Provincial Administrative Court’s judgment in its entirety and referred the case to the Provincial Administrative Court for reconsideration.

Drivers currently have at their disposal 68 kilometers of the route included in the Warsaw Road Junction. To close the ring around the capital, there is an approximately 14-kilometer section of WOW missing from the Drewnica junction at the intersection with S8 to the Warszawa Wschód (Zakręt) junction.

Main photo source: tvnwarszawa.pl

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