City's Altenberger-Dom-Straße Renovation Legal, No Plan Approval Needed
The local authority of the Rheinisch-Bergischer Kreis has concluded that the city's planned renovation of the Altenberger-Dom-Straße is legal and does not require a plan approval procedure under § 38 StrWG NRW. The city's argumentation, from a planning law perspective, is considered sound.
The city plans to reduce lane widths, create bike lanes, and widen pedestrian paths to address the shortcomings of the existing infrastructure. These measures aim to adapt to modern standards, improve safety, and meet traffic requirements, rather than constituting a significant redesign.
The local authority investigated a complaint regarding the legality of the approved redesign. They concluded that the city acted legally, as the planned redesign does not involve expanding motor vehicle traffic capacity, a requirement for a plan approval-obligated change. The legislator's distinction between such changes and maintenance measures aims to accelerate and simplify planning procedures.
Citizen participation was not measured against a plan approval procedure, but the city offered opportunities for open dialogue and involvement.
The planned renovation of the Altenberger-Dom-Straße, which includes reducing lane widths and creating bike lanes, is considered a repair and optimization of the existing infrastructure. The local authority has confirmed that the city acted legally, and no plan approval procedure is required.
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