Is the plan approval decision still successfully contestable?

Hello everyone,

I want to settle in Henstedt-Ulzburg (Schleswig Holstein).
Where and how (new build or existing property) is not yet certain.
Therefore, I am looking at various existing properties but also plots of land in Henstedt-Ulzburg.

What I keep noticing are the enormous power lines surrounding this region.
Of course, such lines have to be built somewhere. But you do not necessarily want to have them in your own view or even in your own garden.

That is why I am checking whether the city or the state has plans for new construction or dismantling of power lines.

During my research, I came across a project by "Tennet" called "AUDORF-HAMBURG/NORD".
This project envisions the construction of a new 380kV line. At the same time, it also mentions the dismantling of an existing 220kV line.

The area where the new 380kV line is to be built corresponds to my ideas, but I do not want to buy a home now for a lot of money that might end up being right next to the future power pylons.

At the same time, one could buy a plot of land or an existing property that is currently crossed by the 220kV line (which supposedly will be dismantled). So it might be possible to get a "bargain."

For the project "Audorf-Hamburg/Nord," the "planning approval procedure" has been opened and enforced. According to the website of the grid operator (Tennet), it is a done deal.

Now I am wondering to what extent such a "planning approval decision" can be challenged?!
(Attention: The new 380kV line runs along a "forest kindergarten." They are of course trying to stop this plan.)

Furthermore, I am wondering if, and if so, where exactly I can find binding information on whether and when the "redundant" 220kV line will actually be dismantled?

On the first page of the following link, you can read a lot about this project:
xxx.tennet.eu/de/fileadmin/downloads/Netz-Projekte/Onshore/Audorf-HamburgNord/15_02_FactSheet-Bau-Audorf-Hamburg_DINA4_DE_DRUCK.pdf

However, this text is, of course, written by the grid operator...
Furthermore, I found the following on the website of the "Federal Network Agency":

It says among other things:
"""
Section 3: Hamburg Nord – Audorf (SH, 70 km)
Status: Planning approval procedure is completed

No spatial planning procedure was required for this subsection. The planning approval procedure for this subsection was initiated at the responsible Planning Approval Office for Energy in early 2013. The hearing date has taken place. The planning approval procedure was completed in the first quarter of 2015.

According to the transmission system operator, there were delays in the Hamburg metropolitan area in the past due to approval-related difficulties. The transmission system operator expects construction work to progress in the coming months.

Assuming a construction period of 33 months and that no significant construction time restrictions are imposed, completion of this subsection is expected in 2017.
"""

Does anyone have experience with this topic?

Best regards
Mattheu

---------------------------------

Hello,

I have removed the links or left one without the link because otherwise it would take your text out of context.

Please refrain from posting links in the future and phrase differently.

Thanks + greetings from the Rhineland
Construction expert

Are you even an affected party or do you just want to stop the procedure because any potential building land would become undevelopable for you?

In the plan approval process, a balance is always struck between private interests and public interests. If your interests are ranked higher than the public interest (common good), then the plan approval process could be influenced.

As far as the daycare center [KiTa] is concerned, it was certainly heard at the discussion hearing. The concerns were refuted with several expert reports and the [KiTa] is getting a new playground ;)

As you describe the matter, your concerns will not be taken into account.

Hi Laemat,

I am not affected.

I am considering whether I want to purchase an existing property or a plot of land. Since in the region where I would preferably like to live, many plots are "covered" with power lines, but according to the plan approval decision are supposed to be dismantled by the end of 2018, it is possible to get some "bargains."

However, it is of little use if you purchase a plot now based on the plan approval decision, but this decision is then appealed (if possible) and the planned dismantling is delayed or possibly does not take place at all.

Therefore the question...

What kind of lawyer should one consult in such a case? Construction law? Environmental protection?

Regards Mattheu

Then I misunderstood your concern, sorry.

If the planning approval decision is final, there is hardly any way to challenge it anymore. (prominent example Stuttgart 21) Delays are therefore still not excluded (protected flora and fauna or archaeological finds)

I'll put it this way, the dismantling will take place once it has been approved, whether that will happen in 2018 no one knows. (see Stuttgart 21 ;) )

, it's no problem. The text wasn't exactly clear.

Well, opposing such a resolution will be difficult. Noted.
Now we just have to see how the delays pan out. (Perhaps there are schedules or penalties if the construction work deviates too much. That would provide a bit more certainty... But you probably never have 100% certainty.

Let's see what comes of this.