Plan approval decision

(1) The plan approval authority approves the plan (plan approval decision). Decisive, on corresponding demand of the developer of the project, is the factual and legal situation at the point in time of the conclusion of the discussion under section 73b(1), or, where no discussion takes place, the point in time six months after expiry of the period for objections, insofar as nothing different is determined by legal provision. This does not apply where the cut-off date under the second sentence lies more than twelve months in the past, or where the plan has been amended under section 73c. The provisions on the decision and the challenge of the decision in the formal administrative procedure (section 69(1) and section 70) apply. The plan approval decision should be issued in electronic form; section 69(2), second sentence applies correspondingly.
(2) In the plan approval decision, the plan approval authority decides on the objections and comments on which no agreement has been reached; immaterial interests may be presented in summary form. It must impose on the developer of the project the precautions, or the erection and maintenance of installations, required for the welfare of the general public or to avoid adverse effects on the rights of others. Where such precautions or installations are impracticable or incompatible with the project, the person affected has a claim to reasonable monetary compensation.
(3) Insofar as a final decision is not yet possible, this must be reserved in the plan approval decision; the developer of the project must in this be required to submit, in good time, documents still missing or determined by the plan approval authority.
(4) The plan approval authority lays open the decision, with an instruction on legal remedies and the approved plan, for inspection for two weeks. On the demand of a person affected, made to the plan approval authority up to the expiry of the period for the legal remedy, another, readily accessible means of access is made available to that person. With the end of the period of laying open, the decision is deemed served on the developer of the project, the persons affected, the associations under section 73(2), first sentence, no. 2, and those who have raised objections or submitted comments. The plan approval decision may also be served on the developer of the project, on those whose objections have been decided, and on the associations whose comments have been decided.
(5) The plan approval authority publicly notifies the laying open of the approved plan beforehand. In the notice it points out that 1. on the demand of a person affected, made to the plan approval authority up to the expiry of the period for the legal remedy, another, readily accessible means of access is made available to that person, and 2. with the end of the period of laying open, the decision is deemed served on the developer of the project, the persons affected, the associations under section 73(2), first sentence, no. 2, and those who have raised objections and submitted comments.
(6) The plan approval authority should publish the documents under subsection (4), first sentence on the internet for information, after the end of the period of laying open, at least until the end of the period for the legal remedy.