Planning law for national transport infrastructure

Abstract

Transport infrastructure decisions are often contested. To channel infrastructure decision-making, legal procedures have important functions. Legal procedures should (1) lead to a decision within a reasonable time frame, (2) while all relevant interests must have been identified and weighted and (3) affected parties must have had input in the process. Although these might seem obvious characteristics, many countries in Europe struggle with their legal framework for national transport infrastructure decision-making. This paper shows how several European countries – all subject to the same European directives – struggle with finding a balance between public support and speedy decision-making. Special attention will be given to the Netherlands. Three issues are discussed in depth: (1) the involvement of the public in the preparation of a track decision, that is, the decision to appoint a specific route for new infrastructure, (2) the way a specific route is chosen from a set of alternative routes and (3) the moment on which legal protection by the courts is offered against government’s decision to appoint a specific route. A number of flaws in current procedures are identified. It is advised that new legislation in the framework of the coming Environmental Planning Act addresses these deficiencies.