Announcement of the State Directorate of Saxony

on the interpretation of the planning documents in the planning approval procedure for the project ‘New construction of the Cainsdorf road overpass, reconstruction of three level crossings and modernisation of the signalling technology of DB InfraGO AG’

(Reference number: 32-0522/1709)

The City of Zwickau has initiated the planning approval procedure for the aforementioned construction project in accordance with Section 39 of the Saxon Roads Act (SächsStrG) in conjunction with Section 1(1), first sentence, of the Act Regulating Administrative Procedure and Administrative Service of Documents for the Free State of Saxony (SächsVwVfZG) and Sections 72 to 78 of the Administrative Procedure Act (VwVfG).

This is a procedure under Section 78 of the Administrative Procedure Act (VwVfG), involving the convergence of a road and a railway project, for which only a single planning approval procedure is being conducted. The overall project comprises the construction of the new Cainsdorf road viaduct and associated transport routes, as well as the conversion or renewal of three level crossings, including the modernisation of the signalling technology operated by DB InfraGO AG.

Pursuant to the transitional provisions under Section 102b of the Administrative Procedure Act (VwVfG) and Section 74(14) of the Environmental Impact Assessment Act (UVPG), the VwVfG and the UVPG in the version applicable up to and including 28 July 2026.

For the project, including the landscape conservation compensation and replacement measures, land will be required in the following local authorities:

• City of Zwickau (cadastral districts of Cainsdorf, Bockwa, Niederplanitz and Schedewitz),
• City of Chemnitz (cadastral district of Markersdorf),
• Municipality of Mülsen (cadastral district of Ortmannsdorf).

There is no obligation to carry out an environmental impact assessment for the road project in accordance with the UVPG (old version) or the Act on Environmental Impact Assessment in the Free State of Saxony (SächsUVPG).

Following a general preliminary assessment, there is also no obligation to carry out an environmental impact assessment for the railway project in accordance with the previous version of the Environmental Impact Assessment Act (UVPG).

The plan (drawings and explanatory notes) will be available for inspection

from 5 October 2026 up to and including 4 November 2026

at Chemnitz City Council, Neues Technisches Rathaus, Room B 527, Friedensplatz 1, 09111 Chemnitz, during office hours

for public inspection.

The notice, including the planning documents available for inspection, is also available on the website of the Saxony Regional Directorate at www.lds.sachsen.de/bekanntmachung under the [Infrastructure] section. The content of the documents on public display shall prevail.

Furthermore, the documents relevant to the decision are available on request at the Saxony State Directorate, Department 32, Altchemnitzer Straße 41, 09120 Chemnitz, in accordance with the provisions of the Saxon Environmental Information Act (SächsUIG).

1. Anyone may, no later than two weeks after the expiry of the public consultation period – that is, by 19 November 2026 – lodge objections to the plan in writing with the State Directorate of Saxony, 09105 Chemnitz, or with the State Directorate of Saxony, Chemnitz Office, Altchemnitzer Straße 41, 09120 Chemnitz, or to the above-mentioned city/municipal authorities, either in writing or for the record. Objections may also be submitted electronically, but only with a qualified electronic signature. The addresses and technical requirements for the submission of electronic documents are available on the website www.lds.sachsen.de/kontakt.

The objection must clearly state the interest at stake and the extent of the adverse impact.

Once this period has expired, all objections not based on specific grounds under private law are excluded (Section 39(3), second sentence, of the Saxon Planning Act (SächsStrG) in conjunction with Section 73(4), third sentence, of the Administrative Procedure Act (VwVfG) (previous version)).

In the case of objections signed by more than 50 persons on signature lists or submitted in the form of duplicated identical texts (uniform submissions), one signatory must be identified on each signed page by name, occupation and address as the representative of the other signatories. Otherwise, these objections may be disregarded (Section 17(2) of the Administrative Procedure Act).

Please note that no acknowledgement of receipt will be issued.

2. Associations which, by virtue of recognition under other legal provisions, are authorised to lodge appeals against the planning approval decision in accordance with the Administrative Court Rules, are hereby notified accordingly of the public display of the complete plan. They may submit comments on the plan within the time limit specified in point 1. Objections and comments from such organisations shall be excluded after the expiry of this period (Section 39(3), second sentence, of the Saxon Road Act (SächsStrG) in conjunction with Section 73(4), fifth sentence, of the Administrative Procedure Act (VwVfG) (previous version)).

3. The hearing authority may waive a discussion of the comments and objections lodged in good time (Section 39(4) of the Saxon Road Act).

If a hearing is held, it will be publicised in the manner customary for the locality.

Furthermore, those who have raised objections or submitted comments in good time shall be notified of the meeting separately. In the case of identical objections, this provision applies to the representative (Section 17 of the VwVfG).

If more than 50 notifications are required, these may be replaced by a public notice.

Representation by an authorised representative is permitted. Proof of authorisation must be provided in the form of a written power of attorney, which must be filed with the hearing authority. If a party fails to attend the hearing, proceedings may continue in their absence. The hearing procedure concludes upon the conclusion of the hearing.

The hearing is not open to the public.

4. Any costs incurred through inspecting the planning documents, raising objections, submitting comments, attending the hearing or appointing a representative shall not be reimbursed.

5. Claims for compensation, insofar as a decision on the merits of such claims is not to be made in the planning approval, shall not be dealt with at the hearing but in separate compensation proceedings.

6. Decisions on the objections and comments will be made by the planning approval authority (Saxony Regional Directorate) once the consultation procedure has been concluded. Service of the decision (plan approval decision) on the objectors and those who have submitted comments may be replaced by public notice if more than 50 notifications are to be served.

7. From the start of the public inspection of the plan, the restrictions on building extensions under Section 24 of the Saxon Road Act (SächsStrG) and the moratorium on alterations under Section 40 of the Saxon Road Act (SächsStrG) shall come into force. Furthermore, from this date, the road authority is entitled to a right of first refusal in respect of the land affected by the plan (Section 40(1), third sentence, of the Saxon Road Act).

Data Protection Notice

When interested parties submit comments and observations or raise objections, data will be collected for the purpose of conducting this planning approval procedure. This data will be processed by the State Directorate of Saxony in the performance of its duties in accordance with the applicable data protection provisions. The relevant information regarding data protection pursuant to Article 13(1) and (2) and Article 14(1) and (2) of the General Data Protection Regulation (GDPR) will be provided to the project sponsor. You can find the relevant information on data protection pursuant to Article 13(1) and (2) and Article 14(1) and (2) of the GDPR, in particular regarding your rights in this regard, via the following link: www.lds.sachsen.de/datenschutz. The Data Protection Officer of the Saxony Regional Directorate can be contacted as follows: Data Protection Officer of the Saxony Regional Directorate, 09105 Chemnitz; email: datenschutz@lds.sachsen.de; telephone: +49 371/532-0.

Chemnitz, 17 September 2026

Börries Butenop
Head of the Town Planning and Property Office