The Planfeststellung is German, formal administrative proceedings for the obligatory official statement of a plan. The plan statement procedure is regulated in "§"§ the 72-78 administrative proceedings law (VwVfG) more near.

Without the plan statement procedure would be with larger projects, superordinate spaceimportant special plannings so mentioned, a multiplicity of public procedures (e.g. after the federal immission control law or the building law book) to be accomplished, so that an efficient and consistent planning would be almost impossible. The Planfeststellung replaces other official decisions, in particular public permission, awards, permissions, grants, agreement and Planfeststellungen.

It is not to be used with normal building projects, but must by speciallegal legislation be arranged.

Are subject to the Planfeststellung

for example (list not completely):

• Federal highways, or federal motorways after the federal highway law (FStrG)
• Federal water ways after the federal water way law (WaStrG)
• Railroad lines after the general railway law (AEG)
• Air traffic plants after the air traffic law (LuftVG)
• En waste disposal facilities after the cycle economic and waste law (Krw/AbfG)

Procedure of the Planfeststellung

1. Designing by the project carrier
2. Submit the plan with the responsible authorizing agency ("§ 73 exp. 1 VwVfG) an own hearing authority one called, the documents are to be submitted there.
3. Hearing procedure ("§ 73 exp. 2 VwVfG) catching up statements of authorities concerned
4. Public interpretation ("§ 73 exp. 3 VwVfG) - concerning can submit objections, in special cases of planning also not directly concerning on the interpretation can be done without, if the circle of the concerning admits is and opportunity to the plan insight receiving is at expiration of the objection period objections impossible - With the beginning a modification ban in such a way specified applies for the public interpretation, after which substantially worth-increasing or the project substantially less favourable changes are forbidden.
5. Discussion ("§ 72 exp. 6 VwVfG) - discussion date must in time admits given in the discussion to be supposed authorizing agency, project carrier, affected authorities, concerning and possibly further objecting participate in writing
6. Forwarding of the hearing results ("§ 73 exp. 9 VwVfG) the hearing authority delivers a statement to the hearing result and leads period-continues to bind statements, planning and not settled objections to the plan statement authority.
7. Plan statement resolution ("§ 74 VwVfG) - which plan statement resolution is issued by the plan statement authority without period connection as act of administration the authority has comprehensive planning discretion, it applies the consideration the plan statement resolution has concentration effect, i.e. within its framework licensing procedures also subordinated (e.g. building permit procedures) with settled become.

Articles in category "Planfeststellung"

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