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Part 5 · Special Types of Procedure  ›  Chapter 2 · Plan Approval Procedure › Section 75

Legal effects of the plan approval

(1) By the plan approval, the admissibility of the project, including the necessary consequential measures on other installations, is established with regard to all public interests affected by it. Besides the plan approval, other official decisions, in particular public-law approvals, grants, permits, authorisations, consents and plan approvals, are not required. By the plan approval, all public-law relationships between the developer of the project and those affected by the plan are conclusively regulated.
(2) Defects in the weighing of the public and private interests affected by the project are material only where they are manifest and have had an influence on the outcome of the weighing. Material defects in the weighing, or a breach of procedural or formal provisions, lead to the setting aside of the plan approval decision or the plan approval permission only where they cannot be remedied by a plan supplement or by a supplementary procedure. Sections 45 and 46 remain unaffected.
(3) Where a plan supplement or a supplementary procedure under subsection (2) becomes necessary and is pursued without delay, the carrying out of the project remains admissible insofar as it is manifestly not affected by the plan supplement or the outcome of the supplementary procedure.
(4) Where the plan approval decision has become unchallengeable, claims to the discontinuance of the project, to the removal or alteration of the installations, or to the discontinuance of their use, are excluded. Where unforeseeable effects of the project, or of the installations corresponding to the approved plan, on the right of another occur only after the plan has become unchallengeable, the person affected may demand precautions, or the erection and maintenance of installations, that exclude the adverse effects. These must be imposed on the developer of the project by decision of the plan approval authority. Where such precautions or installations are impracticable or incompatible with the project, the claim is directed at reasonable monetary compensation. Where precautions or installations within the meaning of the second sentence become necessary because changes have occurred on a neighbouring plot of land after the conclusion of the plan approval procedure, the owner of the neighbouring plot of land must bear the costs thereby arising, unless the changes were caused by natural events or force majeure; the fourth sentence does not apply.
(5) Applications by which claims to the provision of facilities, or to reasonable compensation under subsection (4), second and fourth sentences, are asserted must be addressed to the plan approval authority; they are admissible only within three years of the point in time at which the person affected obtained knowledge of the adverse effects of the project, or of the installation corresponding to the unchallengeably approved plan. They are excluded once 30 years have elapsed after the establishment of the condition corresponding to the plan.

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