Road construction; application for the implementation of a planning approval procedure
Road planning approval procedures are special formal approval procedures with public participation for the construction or modification of roads. The governments are responsible for carrying them out.
Description
Major road construction projects regularly affect a large number of different interests and require them to be balanced. The construction of new federal trunk roads and state highways, as well as certain district roads, roads connecting municipalities or local roads and independent cycle paths, may therefore generally only be commenced once a planning approval procedure has been carried out. The same applies to the legally defined cases of road modification.
The planning approval procedure is the building permit procedure for roads.
The governments are responsible for carrying out planning approval procedures under road law. The responsible government (planning approval authority) takes action at the request of a road construction authority (federal highway company, state building authority, county or municipality). The road construction authorities prepare the planning documents and inform the population about planned projects at an early stage, e.g. at citizens' meetings.
Prerequisites
Construction or substantial alteration of public streets.
Procedure
Sequence of the planning approval procedure
Once the road construction authority has completed the planning documents, it applies to the planning approval authority to initiate a formal planning approval procedure.
As the hearing authority, the government obtains the opinions of the specialist authorities and involves the affected communities.
The public is involved:
- Customary local announcement
The construction project is published on the Internet and regularly announced in the affected municipalities in the customary local manner (e.g. on municipal notice boards or in official gazettes). - Public displayThe planning documents (project description, land acquisition plan, land acquisition list, site plans, technical investigations) are published on the Internet for 1 month and regularly made available for inspection.
- Objection periodFor up to two weeks, or up to one month in the case of procedures subject to a mandatory environmental impact assessment, after the expiry of the one-month display period, objections to the project may be raised with the municipality or the government in writing, on record or in qualified electronic form (simple e-mail is not sufficient). Anyone whose interests are affected by the project is entitled to raise objections.
As a rule, the developer is heard. It is given the opportunity to examine the objections.
The comments received during the hearing procedure and the objections raised by third parties in good time can be dealt with at a separate meeting (hearing) with the representatives of the authorities and objectors. This date will also be announced in good time and published on the Internet. One of the aims of the hearing is to find solutions to conflicts associated with the project. In addition, individual hearings remain possible.
After completion of the hearing procedure, the zoning authority issues the zoning decision. This is served on the applicant and, among others, on those objectors whose objections have been decided upon. If more than 50 notifications are to be made, these notifications can be replaced by public announcements.
Furthermore, the established plan documents including the plan approval decision shall be made available for public inspection for a period of two weeks in the municipality concerned. This will be announced in advance in accordance with local custom. In addition, the zoning decision is also published on the Internet.
An action may be brought directly against a zoning decision. The action must be filed within one month of notification. The requirements are set out in detail in the information on legal remedies in the zoning decision.
Deadlines
As a rule, road construction may not begin until an enforceable planning approval decision has been issued.
Objections to the project can be submitted to the municipality or the government in writing or in writing for up to two weeks, or one month in the case of projects subject to EIA, after the expiry of the one-month period for the submission of objections.
An action against a zoning decision must be filed within one month of notification. The action must be substantiated within a period of 10 weeks from the date on which the action is filed.
Fees
As a rule, there are no administrative costs for objectors. Exceptions are expenses for requested copies, minutes etc. Own expenses of the objector (e.g. lawyer's fees) are to be borne by the objector.
Links to more information
Status: 26.04.2023
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited
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