General process of the planning approval procedure at the FBA:
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Preliminary coordination:
- Application consultations take place between the project developer and the FBA.
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Application:
- An application to carry out the plan approval procedure is submitted by the project sponsor via the federal government's online service.
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Hearing procedure:
- In the consultation procedure, public bodies are invited to comment. The public is also given the opportunity to submit any concerns or suggestions for changes.
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Announcement of the publication of the plan:
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The FBA arranges for the publication
- in the "Application and participation portal for transport and offshore projects" and
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in local daily newspapers in whose circulation area the project is likely to have an impact. Publication of the plan:
- The plan is published for inspection in the "Application and Participation Portal for Transport and Offshore Projects".
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Submission of objections and comments:
- Objections and comments are submitted as part of the public participation process. The public involved includes those affected by the project as well as recognized environmental and nature conservation associations.
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Discussion meeting:
- The planning approval authority decides on the basis of the objections and comments whether a hearing is necessary.
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If a hearing is held, the objections and comments received in good time are discussed together with
- with the project developer,
- the public agencies,
- the affected parties and
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the associations. Plan amendments to the planning approval procedure:
- Plan amendments may be made as a result. All persons affected by the changes will be informed.
- In the event of extensive changes to the plan, the consultation procedure must be repeated.
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Planning approval decision:
- All interests are weighed up by the planning approval authority and taken into account in the planning approval decision.
- The project sponsor receives conditions.
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Publication of the planning approval decision:
- The planning approval decision is announced to the parties involved in the procedure.
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Legal action:
- An action can be filed against a planning approval decision.
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Final plan:
- If no action is brought against the planning approval decision, the plans become binding and construction can begin.
Public participation during a planning approval procedure:
- The public and private rights and interests affected are determined during the planning approval procedure.
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The FBA arranges for the announcement
- in the "Application and participation portal for transport and offshore projects" and
- in local daily newspapers in whose circulation area the project is likely to have an impact.
- The planning documents are then published for inspection in the "Application and Participation Portal for Transport and Offshore Projects".
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At the request of interested parties, an easily accessible access option will be made available.
- Requests must be addressed to the hearing authority during the participation period.
- Public interest bodies are requested to submit a statement within a specified period.
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If your interests are affected by the project, you can raise objections within a specified period.
- In principle, you can submit objections within the publication period and two weeks thereafter.
- If an environmental impact assessment has to be carried out for the project, the deadline is 1 month. Please note the deadline stated in the publication notice.
- Recognized environmental and nature conservation associations can view the documents via the application and participation portal for transport and offshore projects and submit their comments within the specified period.
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You can submit your objection to the FBA as follows
- in writing by post
- online via the application and participation portal for transport and offshore projects or
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by simple e-mail
Submit objections and comments online (FBA):
- Go to the website of the federal government's "Application and Participation Portal for Transport and Offshore Projects" and log in to the portal.
If you are a legal entity, log in using the ELSTER company account with your ELSTER certificate.
- If you are a natural person, register with BundID using your new identity card, electronic residence permit or European eID.
- In the online service, you can enter your details step by step and submit your objection or statement digitally. Complete the form in full.
- You can upload and send documents as a PDF file, among other things. You will receive an automatic confirmation of receipt.
- The FBA will check your documents and contact you if there are any questions or additional submissions are required.
Submit objections and comments by post:
- Send your objection or statement by post to the hearing authority. The hearing authority will check your documents and may contact you if there are any questions or if further submissions are necessary. You will not receive a confirmation of receipt.
What happens to your objections and comments?
- All objections raised and comments submitted on time are deemed to be upheld during the approval procedure as long as they are not expressly withdrawn by you.
- The objection or statement submitted by you will be sent to the developer for response.
- If necessary, the objections and comments will be dealt with at a hearing.
When does a hearing take place?
- After reviewing the objections and comments received, the hearing authority decides whether a hearing will take place. In certain cases, a hearing may be dispensed with.
- If the FBA schedules a hearing, it will be publicly announced via the "Application and Participation Portal for Transport and Offshore Projects". The hearing is generally not open to the public.
- The hearing may take place in person or in whole or in part in digital format. This will be specified in the announcement.
You have received an invitation to the public hearing:
- You will receive an individual invitation to the public hearing. If you have submitted an objection or statement, you will receive the developer's response with the invitation.
What happens if planning documents that have already been laid out are amended?
- The developer can apply for a plan amendment during the ongoing approval procedure.
- A plan amendment may be necessary in particular if legal requirements change, additional expert opinions have been obtained or findings from the discussion meeting make this necessary.
- Depending on the type of procedure and the scope of the changes, this may result in renewed public participation or a direct participation procedure.
What happens after the consultation procedure has been completed:
- Once the consultation procedure has been completed, a decision on the construction project is then made on this basis in a planning law decision. This involves weighing up the public interests, the justification for the plan and the conflicting interests.
The respective planning law decision is announced to all parties involved in the procedure in accordance with the statutory provisions.