The construction and operation as well as the modification of
- High-voltage overhead transmission lines, other than traction power transmission lines, with a rated voltage of 110 kilovolts or more,
- Gas supply lines with a diameter of more than 300 millimeters,
- high-voltage lines pursuant to Section 2 (5) and (6) of the Federal Requirements Plan Act, and
- Connecting pipelines from LNG facilities to the transmission grid with a diameter of more than 300 millimeters
require planning approval by the competent authority. The governments are responsible for carrying out the planning approval procedures (planning approval authorities). Lines in accordance with Section 2 (1) of the Transmission System Expansion Acceleration Act (Netzausbaubeschleunigungsgesetz Übertragungsnetz) remain unaffected. The latter means that, in particular, extra-high voltage lines spanning several federal states are regularly subject to plan approval by the Federal Network Agency.
Furthermore, constellations are envisaged in which a planning approval procedure can be carried out at the request of the project developer (Section 43 (2) EnWG).
The project owner submits an application to carry out the plan approval procedure. The planning documents are attached to the application. After an initial review and completeness check, the governments as hearing authorities conduct a comprehensive hearing. For this purpose, the planning approval documents are made available for public inspection for a period of one month in the communities in which the project is expected to have an impact. Anyone whose interests are affected by the project can raise objections to the plan with the hearing authority or the municipality up to two weeks after the expiry of the display period. At the same time, the authorities whose area of responsibility is affected by the planned project are requested to submit their comments.
As a rule, a hearing is held on the comments and objections raised in good time, the date of which is announced in the local community at least one week in advance. Anyone who has raised objections in due time will be notified separately of this date; however, in the case of more than 50 objectors, individual notification may be replaced by public announcement (e.g. in the daily newspaper, on the Internet).
Following the hearing procedure, the zoning authority issues the zoning decision after weighing all concerns.
Instead of a plan approval decision, a plan approval can be issued under the conditions of Art. 74 (6) sentence 1 BayVwVfG. The plan approval has the same legal effects as the plan approval. It is a simplified procedure for approving certain projects of lesser difficulty.