Federal railways; implementation of consultation procedures for construction measures
As a rule, railway operating facilities may only be built or modified if a planning approval procedure under railway law has been carried out. Exceptions are regulated by the General Railway Act (AEG). The competent authority for planning approval procedures in the area of federal railways is the Federal Railway Authority. If a plan approval procedure is carried out, a hearing procedure takes place within the framework of this procedure, in which the public is involved.
Description
In the municipalities whose area is likely to be affected by the construction project, the plans are made available for general inspection for one month. The time and place of the display shall be announced by the municipalities in advance in accordance with local custom (e.g. by posting on the municipal notice boards or in a bulletin/official journal). The "plan" to be laid out consists of drawings and explanations, which must show the project, its reason and the properties and installations affected by it.
Anyone whose interests are affected by the project may lodge objections with the hearing authority or the municipality no later than two weeks after expiry of the display period. More detailed explanations can be found in the respective announcement of the municipalities. The hearing authority is the government if the plan was submitted to the Federal Railway Authority before 6 December 2020, otherwise it is the Federal Railway Authority.
As a rule, objections raised in good time are discussed at a hearing held by the hearing authority. Comments from other public bodies are also dealt with at this hearing. The aim of the hearing is to reach an amicable agreement, if possible, and to clarify the open questions listed in the objections.
Those who have raised objections in due time will be notified separately of this date. If there are more than 50 objectors, public notice may be substituted for individual notice.
In the case of hearing procedures by a government, the government prepares a "final statement" and forwards it to the Federal Railway Authority for preparation of the planning approval decision.
Deadlines
The objection period ends two weeks after the expiry of the one-month display period. If this deadline is missed, the objections are excluded from further proceedings, i.e. as a rule they are not dealt with either at the hearing or in the plan approval decision. In addition, the objector loses the opportunity to obtain a review of the zoning decision under these aspects in subsequent court proceedings.
Links to more information
Status: 11.11.2021
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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