Rheinisch-Bergischer Kreis Clears City's Attenberger-Dom-Straße Redesign
The Rheinisch-Bergischer Kreis local authority has ruled that the city's redesign of the Attenberger-Dom-Straße is legal and does not require a plan approval procedure. The authority investigated a complaint about the legality of the redesign, but the complainant's identity remains unknown.
The city's planned measures aim to adapt to modern standards, enhance safety, and address traffic needs, rather than constituting a significant redesign. These changes do not expand motor vehicle traffic lanes, a requirement for a plan approval procedure under § 38 StrWG NRW. The legislator's intention is to accelerate and simplify planning procedures by distinguishing between plan-approval-required changes and maintenance measures.
Citizen participation was not measured against a plan approval procedure. However, the city offered opportunities for open dialogue and citizen participation throughout the process.
The local authority has confirmed the legality of the Attenberger-Dom-Straße redesign. The city's argumentation, from a planning law perspective, is sound as the redesign does not significantly increase traffic capacity for motor vehicle traffic. The city's approach aligns with the legislator's intention to simplify planning procedures.
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