Public display
In Germany, public display is a legally stipulated procedural step as part of the formal public participation in planning that is important for space, e.g. B. in spatial planning procedures ( Section 10 (1) sentence 2 ROG ), land-use planning ( Section 3 (2) sentence 1 BauGB ) or plan approval ( Section 73 (3 ) VwVfG ).
Procedure in land use planning
Drafts of land-use plans are to be publicly displayed for a period of one month with the justification and the already existing environmental statements in the opinion of the municipality ( Section 3 (2) sentence 1 BauGB).
In addition to those directly affected who live on or in the planning area, public authorities , e.g. B. other offices or interest groups and representatives such as nature conservation , agriculture , etc. associations as well as interested or knowledgeable citizens have the opportunity to submit suggestions, objections and other statements.
The disclosure must be announced at least one week in advance, stating the location and access options, as is customary for the location . It is necessary that the minimum periods of § 3 Paragraph 2 Clause 1 and 2 BauGB for the publication and interpretation of the draft are observed as a whole.
The disclosure is preceded (except in the case of "accelerated internal development procedures" , here this procedural step can be dispensed with) early public participation . The documents used and presented for disclosure are prepared and processed in the respective administrative departments or departments and decided on in public meetings in the appropriate bodies such as local councils , city councils or association assemblies and district assemblies.
After disclosure, the comments or objections received are checked by the administration and forwarded to the appropriate decision-making bodies with appropriate information or remedial proposals. After deliberation, the development plan as a statute is decided in again in a public meeting after processing the comments and the administrative submission ( Section 10 (1) BauGB). In the event of significant changes to be made (e.g. failure to take into account or violations of legal provisions), A second or further repeated disclosure may be decided and carried out.
A violation of the interpretation regulations is fundamentally considerable and leads to the formal illegality of the development plan, but can become irrelevant when the deadline expires ( Section 214 (1) No. 2, Section 215 (1) No. 1 BauGB). The material burden of proof that the environmental statements within the meaning of Section 3 (2) sentence 1 BauGB were actually publicly interpreted lies with the municipality.
A later application for standards control against the development plan is inadmissible in accordance with Section 47 (2a) VwGO if the applicant only raises objections that he did not raise or submitted late in the context of the public display, but could have asserted. This preclusive effect must be pointed out in the context of participation. It only occurs if the interpretation was published in the customary manner.
Web links
- Process scheme for drawing up a development plan for the city of Augsburg (without year)
Individual evidence
- ↑ Disclosure in the development plan process on ruesselsheim.de, accessed on April 28, 2017
- ↑ BVerwG , decision of July 23, 2003, Az. 4 BN 36.03, full text
- ↑ VGH Munich , judgment of July 14, 2016, Az. 2 N 15.283, full text .
- ↑ BVerwG, judgment of September 11, 2014, Az. 4 CN 3.14 full text .
