Source: BUS Sachsen-Anhalt (Linie6Plus)

Applying for approval for the early construction of an installation requiring a permit

Description

If you are seeking approval for the early construction of an installation requiring a permit, you must prove that:

1. a decision in your favor can be expected,

2. there is a public interest or a legitimate interest in the early commencement of your project and

3. you undertake to compensate for all damage caused by the construction of the facility up to the time of the decision and, if the project is not approved, to restore it to its previous state.

The approval can be revoked at any time. Approval may be granted subject to conditions or subject to subsequent conditions. The competent authority may demand the provision of a security if this is necessary to ensure the fulfillment of its obligations as the applicant.

Prerequisites

It must be possible to adequately assess the impact of the planned installation from the application you submit and the required documents.
In addition, your application must demonstrate a legitimate interest in the early start.
Furthermore, as the applicant, you must undertake to compensate for all damage caused by the premature construction up to the time of the decision and, if the project is not approved, to restore it to its previous state.

Required documents

Required drawings, plans, expert opinions
explanations and
other documents (if necessary, ask the competent authority).

Deadlines

The application must be submitted before construction of the system begins.

Legal remedy

Objection
Complaint

Responsible body

Responsibility lies with the immission control authorities of the districts and independent cities or with the State Administration Office. For matters subject to mining supervision, please contact the State Office for Geology and Mining (LAGB). You can obtain detailed information from the relevant authorities.

Procedure

If you wish to obtain approval for the early commencement of the construction of an installation requiring approval, you must submit a written application to the competent authority in advance.
The application must be accompanied by the drawings, explanations and reasoned choice of location required to check the requirements, as well as evidence of the need for early commencement.
The competent authority will decide on the approval for early commencement.
You will receive a notice of approval or rejection.
In the event of a rejection, you can lodge an appeal.

Further information

In a procedure for granting a permit in the event of a significant change to an installation requiring a permit, the licensing authority can also provisionally permit the operation of the installation under certain conditions (in accordance with Section 16 (1) BImSchG).

One prerequisite for this is that the modification fulfills an obligation arising from this Act or from an ordinance issued under this Act.