Traffic Route Planning Acceleration Act

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Basic data
Title: Law to accelerate planning for traffic routes in the new federal states and in the state of Berlin
Short title: Traffic Route Planning Acceleration Act
Abbreviation: VerkPBG (not official)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administrative law
References : 910-8
Issued on: December 16, 1991
( BGBl. I p. 2174 )
Entry into force on: December 19, 1991
Last change by: Art. 464 Regulation of August 31, 2015
( Federal Law Gazette I p. 1474, 1542 )
Effective date of the
last change: 		September 8, 2015
(Art. 627 of August 31, 2015)
Weblink: Text of the law
Please note the note on the applicable legal version.

The Traffic Route Planning Acceleration Act is a German law to simplify the planning process for large traffic infrastructure projects in the new federal states .

Regulations

The law makes it possible to dispense with a regional planning procedure in the new federal states . If a regional planning procedure is carried out, it must be completed within six months. The interpretation of the planning documents had to be made no later than three weeks after its receipt by the appropriate authority. Three months were then left for discussion and comment. Actions to challenge a plan approval decision were decided in the first and only instance at the Federal Administrative Court.

history

The law was presented to the Federal Cabinet in May 1991 by the Federal Minister of Transport Günther Krause and received its approval. There was widespread resistance against the law, which reached as far as the Federal Constitutional Court . The law was passed in 1991. The general waiver of a formal spatial planning procedure provided for in the original draft has been toned down and the decision on this has been transferred to the federal states. On December 1, 1993, the first of several investment measure laws , with which a plan approval procedure should be avoided in parts of the VDE projects , came into force.

The law, initially limited to December 1996, was extended to the end of 1999 at the request of some federal states. The experience gained from the law led to the Traffic Route Planning Simplification Act passed in 1993 , which was also supposed to lead to shorter planning times in the old federal states . Environmental protection associations criticized the fact that, in the course of the accelerated procedures, citizens were given the impression that major transport projects could no longer be changed or prevented anyway. With the Approval Acceleration Act of December 1996, the simplifications in the administrative procedural law of the federal and state governments were reproduced.

Compared to similar procedures in the old federal states, the average duration of the procedure for road and rail transport projects would have been halved from two to around one year each.

In 1995, 141 lawsuits were brought before the Federal Administrative Court under the Act, and 108 in 1996. In 1996, 88 lawsuits were decided. In 1996, it took an average of ten months to reach a decision. Revision proceedings under the law took an average of 14 months.

When it came into force, Section 1 of the law was originally limited to December 31, 1995 (Federal Railways transport routes to December 31, 1999). This deadline has been extended several times, most recently by Article 13 of the Act to Accelerate Planning Procedures for Infrastructure Projects and its amendment to the end of December 16, 2006.

See also

The Swiss Federal Council passed a similar law with the federal law on the coordination and simplification of planning approval procedures .

The Berlin Brandenburg Airport (BER), which is currently under construction , was approved in a simplified manner according to this law, the negotiations before the Federal Administrative Court took place at the beginning of 2006, and the judgment was issued on March 16, 2006.

Individual evidence

  1. ↑ Planungsgesellschaft Bahnbau Deutsche Einheit (Ed.): Professionals for project management: The Planungsgesellschaft Bahnbau Deutsche Einheit mbH introduces itself . 16-page brochure, Berlin, 1993.
  2. ↑ a b Carl Graf Hohenthal: German unity by rail, by water, by road . In: Frankfurter Allgemeine Zeitung , December 5, 1994.
  3. ^ Christian Tietze: The new Hanover - Berlin line is in operation when the timetable changes . In: Eisenbahn-Revue International , issue 11/1998, ISSN 1421-2811 , pp. 497–503. 
  4. ↑ Frank Hornig: Legal reform accelerates traffic route construction in East Germany . In: Handelsblatt , No. 23, February 1, 1996, p. 6.
  5. ^ A b Siegfried Deficiencies : German Unity Transport Projects “Rail”: Promise kept . In: The Railway Engineer . tape 65 , no. 8 , 2015, ISSN  0013-2810 , p. 10-15 .
  6. ^ Planungsgesellschaft Bahnbau Deutsche Einheit (Ed.): Transport projects German unity. Railways. Fast ways for tomorrow. Information for the transport committee of the German Bundestag. Conversation with Prof. Dr. S. Defects, spokesman for the management of the Planungsgesellschaft Bahnbau Deutsche Einheit mbH (PB DE) on November 23, 1995 in the Bonn Parliamentary Society . Bonn, November 23, 1995, without page numbering.
  7. ↑ In the past year, fewer new proceedings before the Federal Administrative Court . In: Frankfurter Allgemeine Zeitung , No. 43, February 20, 1997, p. 5.
  8. ↑ BGBl. 2006 I p. 2833, ber. 2007 I p. 691.
  9. ↑ Beat Intergand, Alex Regli, Walter Schneebeli: The long way to plan approval . In: AlpTransit Gotthard AG (Ed.): The construction of the century is being built (=  Gotthard Base Tunnel - the longest tunnel in the world ). 1st edition. tape 2 . Stämpfli Verlag, Bern 2010, ISBN 978-3-7272-1211-6 , pp. 33-37 .
  10. ↑ Monika Köpcke: BER: Ten years ago - Federal Administrative Court rejects lawsuit against airport construction. Deutschlandfunk, March 16, 2016, accessed on January 23, 2019 .
  11. ^ Ullrich Fichtner, André Geicke, Matthias Geyer, Andreas Wassermann: Made in Germany . In: Der Spiegel . No. 34 . Hamburg August 19, 2017, p. 72 f .