Plan approval permission

(1) Instead of a plan approval decision, a plan approval permission may be granted where 1. the rights of others are not affected, or are only insignificantly affected, or the persons affected have declared their agreement to the use of their property or of another right; 2. agreement has been reached with the bodies representing public interests whose area of responsibility is affected; and 3. no other legal provisions prescribe public participation that must meet the requirements of section 73(1), first and second sentences, (2) and (3), and of section 73b.
(2) The provisions on the plan approval procedure do not apply to the granting of a plan approval permission. The plan approval permission should be issued in electronic form; section 69(2), second sentence applies correspondingly. The plan approval permission must be served on the developer of the project, on those whose objections have been decided, and on the associations whose comments have been decided. Where, besides the developer of the project, more than 50 services are to be made, section 74(4), first to third sentences and (5) apply correspondingly.
(3) The plan approval permission has the legal effects of the plan approval. Before an administrative-court action is brought, no review in an objection procedure is required. Section 75a(1) and (2) applies correspondingly.
(4) In derogation from subsection (1), no. 3, a plan approval permission may be granted, instead of a plan approval decision, for a project for which an environmental impact assessment is to be carried out under the Environmental Impact Assessment Act. Sections 73 to 73b apply correspondingly, with the exception of section 73(2), fourth and fifth sentences. In other respects the Environmental Impact Assessment Act applies.