Planning approval procedure

The citizens’ participation in the planning of infrastructure projects is of high priority in our society and plays an important role for Berlin. The participation of the public in the planning approval procedure – as a formal approval procedure – is determined by the Administrative Procedure Act of the State of Berlin in connection with the applicable special regulations.

On the one hand the planning approval procedure includes the hearing procedure – where appropriate – by a discussion, and on the other hand by the following planning decision of the planning approval authority, which will be taken after having considered all private and public needs concerned by the project.

If the legal requirements are fulfilled and the consideration leads to the result that the needs to be taken into account are not contrary to the project, or if otherwise these needs can be met by the acceptance of the project executing organisation or by conditions which it has to fulfill, a plan approval decision will be made by the authority.

The citizens’ participation in the planning of infrastructure projects is of high priority in our society and plays an important role for Berlin. The participation of the public in the planning approval procedure – as a formal approval procedure – is determined by the Administrative Procedure Act of the State of Berlin in connection with the applicable special regulations.

On the one hand the planning approval procedure includes the hearing procedure – where appropriate – by a discussion, and on the other hand by the following planning decision of the planning approval authority, which will be taken after having considered all private and public needs concerned by the project.

If the legal requirements are fulfilled and the consideration leads to the result that the needs to be taken into account are not contrary to the project, or if otherwise these needs can be met by the acceptance of the project executing organisation or by conditions which it has to fulfill, a plan approval decision will be made by the authority.

The hearing procedure aims at disclosing the plan with the objective to involve the parties concerned, to obtain the opinions of the responsible bodies for public concerns, and to clarify matters in terms of nature protection law. In this context parties concerned shall have the possibility to raise objections against the planning.

Objections in the planning approval procedure are objective counter-arguments, which aim at the prevention or modification of the project applied for, whereas a mere “no”, a non-specified protest and the simple information that no objections will be raised without giving a specified explanation within the objection period, are not considered as objections. The objection must at least generally determine the object of legal protection, and explain the fear of interference with personal interests.

In the hearing procedure conflicts between the parties concerned will be solved or documented by the competent hearing authority which completes its work by delivering its opinion to the planning approval authority.

Within the framework of consideration the planning approval authority decides on the unsettled objections, and approves the plan (§ 74 paragraph 1 VwVfG)Bbg (Administrative Procedure Act Brandenburg )). The plan approval substitutes all official decisions, particularly authorisations, grants, permits , approvals and consents under public law. Solely the relations under public law are legally constitutive.

The planning approval authority shall deliver the plan approval decision as well as advice on legal remedies to the known parties concerned and to those for whose objections a decision has already been made, as well as to the project executing organisation. The decision will be made publicly available after notification.

If more than 50 notifications have to be delivered to private objectors, the delivery can be substituted by a public notice. The public notice will be effected by publishing the enacting part of the plan approval decision including advice on legal remedies, and the reference to the interpretation in the Official Gazette of the State of Berlin, and additionally by the publication in three Berlin daily newspapers.

An official copy of the plan approval decision including advice on legal remedies and a copy of the approved plan has to be made publicly available for examination within the municipalities for a period of two weeks. The place and time of the public notice have to be announced to the public according to local practice. With the end of the public notice period the plan approval decision is deemed to be served on the parties concerned.

The responsibilities in the planning approval procedure may vary depending on the modes of transport and the project executing organisation. The Berlin responsibilities at a glance: