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Decision allows fairway adjustment of lower and outer Elbe rivers

Third resolution on planning amendment adopted - preparatory building measures to begin

The extension of the shipping channel can begin as soon as the planning authorities of the Federal Government’s and those in Hamburg have remedied deficiencies named by the Federal Administrative Court in Leipzig. A corresponding, supplementary planning procedure has been carried out and concluded Thursday (August 23, 2018) with a supplementary planning decision, Hamburg’s Department of the Economy has announced. The decision concerned mainly the “Tideanschluss Billwerder Insel” project. The court had deemed it a necessary, supplementary coherence assurance measure as part of European nature conservation law in favour of the endemic “Hemlock Water Dropwort” which is a highly threatened species.

Start of major project

The Federal Government’s planning approval authorities and those in Hamburg had supplemented their original planning approval decisions with a further coherence assurance measure and submitted the decision. That resolves key objections by the Federal Administrative Court in the judgment on February 9, 2017. The decision to supplement the plan marks the end of the previous, judgement-related incomprehensibility of the original planning approval decision of April 23, 2012. Thus there are no more legal obtacles to building the project.

“Gate to the World”

“The Port of Hamburg is the gate to the world for German foreign trade. It is an important hub for worldwide flows of goods and contributes significantly to Hamburg’s economic clout. With today’s decision to supplement the plan, we are creating building rights for the adjustment of the fairway, which will make the Port of Hamburg significantly more competitive internationally,” said Dr. Peter Tschentscher, Mayor of Hamburg.

Frank Horch, Senator for Economics, added: “Since February 2017, we have been working hard to resolve the court’s final concerns. The results of this work can be found in the decision presented today. This gives us building permission and we will start exploratory and preparatory measures in the next few days. All tenders have already been completed. The execution can now be ordered directly.” The 3rd Supplementary Plan can be legally challenged. An appeal must be brought before the Federal Administrative Court.
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