Concentration effect
Concentration effect refers to a principle in administrative proceedings , according to which an authorization miteinschließt several other approvals. A distinction is made between the formal and the material concentration effect.
Formal concentration effect
In the case of the formal concentration effect, the formal administrative procedure of the other authority is replaced, but the processing authority must include the standards that the other authority would examine in its own examination scope. This applies in particular to the plan approval procedure ( Section 75 (1) VwVfG). In the case of a building permit, the building authority examines not only the material building law, but also the provisions of the Bavarian Monument Protection Act in accordance with Art. 59 Clause 1 No. 3 of the Bavarian Building Code , with the result that the monument law license is no longer applicable (Art. 6 Para. 3 DSchG ).
Material concentration effect
A material concentration effect regulates z. B. Section 38 of the Building Code , according to which Sections 29 to 37 of the Building Code do not apply in the event of competing planning decisions for certain projects of supra-local importance. According to this, the specialist planning is privileged in comparison to the land-use planning insofar as the specifications of a development plan contrary to the specialist planning can no longer be realized. However, urban planning issues must be taken into account and the municipality involved in the process.
Individual evidence
- ↑ Bernhard Stüer: Planning law p. 24
- ↑ BVerwG, judgment of December 13, 2006 - 4 B 73.06
