Once again, the Münster Higher Administrative Court (OVG) has ruled that a development plan is invalid because it was drawn up after the announcement (ref.: 7 B 158/25.NE dated 25 March 2025).
It is important that the execution note on the plan drawing is signed by the mayor or the responsible chief administrative officer before the announcement. This is the only way to ensure that the version of the development plan adopted by the municipal council corresponds to the version to be promulgated. This sequence is required by the rule of law (Art. 20 Para. 3 GG). An incorrect sequence leads to a perpetuity error that must always be taken into account.
„The decision of the OVG Münster is an important signal to project developers and local authorities of how essential the chronological order of signatures on the plan drawing is in the procedure: first execution, then publication - otherwise it will be invalid. Planning and investment security begins with the proper implementation of the formal requirements. Particular attention must be paid to this when planning large-scale projects such as solar parks and wind farms,“ explains Rechtsanwalt Michael Liesegang.