No deadline: Internet announcements are effective immediately!

No deadline: Internet announcements are effective immediately!

Lüneburg, Deutschland - A hot topic currently employs the owner of a property in the district of E. city: she plans the construction of a four -party house and is faced with a change lock to secure the backing for a new development plan. The city council had already made the establishment decision for this new plan on June 20, 2024, but the applicant believes that the announcement was not properly. This could have an impact on the approval of your construction project, because it wants to defend itself against this change lock.

On July 2, 2024, the decision to set up was published on the municipality's website. You can read about this procedure in the current case law. Lawyer Dr. Amelie Rossipaul from CMS Hasche Sigle explained that announcements that are published on the Internet are immediately effective. In contrast to notices, there is no deadline for this, which means that the announcement on the municipality's website has an immediate effect. According to the judgment of the Higher Administrative Court of Lüneburg on January 21, 2025, which summarizes the legal foundations on this topic and largely inflates the applicant's arguments. Nevertheless, she is convinced that an internet announcement does not reach all citizens.

What is behind the change lock?

The change lock was introduced to secure the redesign of development plan No. 3.02, which is already being created on the basis of a plan from 1983 with later modifications. This means that municipal planning should not be made more difficult or even prevented. The applicant calls for the change lock to be declared ineffective, since the establishment of the constellation decision was not carried out according to the necessary measures. On September 17, 2024, she submitted a standard control application to the responsible court.

• The change lock initially applies to two years and can be extended by a maximum of one year.
• It overridden if the necessary conditions are omitted or the plan is adopted.

However, the court found that the announcement of the constellation decision was effective and that notices are not necessary in other public places. A simpler service, in order to be able to inform you, is not enough, it is said. This makes it clear that the process for drawing up construction guidelines, as well as Dr. Rossipaul explains, complex and needs clear regulations. These affect not only the content of the plans, but also the way of their announcement.

The way is the goal

Finally, it should be noted that the decision -making process through standards control requests is not only of interest to the investors concerned. The entire process shows the challenges with which municipalities are confronted if you want to continue your land use planning. Ultimately, this affects residents and investors alike who rely on clear and transparent handling of the announcements. This situation has changed through the digital transformation in recent years and raises the question: How is the public informed about construction measures and changes in its environment? An answer to this could provide the positive handling of digital platforms and the legally regulated process in the coming years.

It will be shown whether the applicant is right in her cause. She lost the first attempt because the court in his assessment declared the change lock as legally and executable in terms of execution. The judgment represents an important precedent and could have future relevance for similar procedures, since the regulations for the announcement in land use planning have to be applied more than ever in practice.

Further information on these legal aspects can be found at iz.de, voris.wolterskluwer-online.de and juracademy.de.