City's Altenberger-Dom-Straße Redesign Cleared: No Plan Approval Needed
The city's recent redesign of the Altenberger-Dom-Straße has sparked legal scrutiny. However, a specialist planning law perspective deems the city's stance sound, arguing the project is a repair and optimization, not a change requiring plan approval.
The city's redesign does not expand motor vehicle traffic lanes, a key criterion for triggering a plan approval procedure as per § 38 StrWG NRW. The local authority, the Rheinisch-Bergischer Kreis, agreed, finding no significant redesign that would accelerate or simplify planning procedures.
The municipal regulatory authority (Ordnungsamt) would have been the responsible body to decide on the legality of the conversion if the city had considered it a project requiring approval. However, the city's argumentation, supported by the local authority, maintains that no such approval was necessary.
The city's planned measures aim to modernize the area, improve safety, and address traffic management issues. While citizen participation was not measured against a plan approval procedure, the city did offer opportunities for public engagement and dialogue.
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