Federal Administrative Court upholds third track Bellinzona–Giubiasco

Some of the seventeen appellants challenged the necessity of the project, invoking in this context a potential railway bypass project for Bellinzona. However, most of the arguments concern noise: the appellants challenged the environmental impact assessment evaluations, the planned height of the noise barriers, and the granting of exemptions.

The Court confirms that the project complies with the Transport Sectoral Plan (TSP-RI) adopted by the Federal Council in 2018 and represents an overriding public interest. Furthermore, the alternative of a railway bypass for Bellinzona is not feasible at present: the planning of such a railway bypass as an integral part of the FAIF programme has been postponed by the Federal Parliament to a date yet to be determined. The Court rejected the criticism of the environmental impact assessment, confirming that the noise assessment methods comply with the law. Finally, the height of the noise barriers is constrained by the proximity of UNESCO sites (the three Castles of Bellinzona) and ISOS sites (the Town of Bellinzona): the permissible height of the barriers could not be increased given the landscape protection requirements. Ultimately, in the absence of technically feasible and economically sustainable measures, the exemptions are justified.

This judgment may be appealed to the Federal Supreme Court.