Land-use planning

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Example of a development plan ( Pullach im Isar Valley )

The development planning is the most important planning tool to guide and order the urban development of a community in Germany . It is carried out in two stages in a formal building planning process that is comprehensively regulated in the Building Code (BauGB). First of all, in the preparatory land-use planning, a land use plan is drawn up for the entire municipality ( §§ 5-7 BauGB ). In the binding land-use planning, development plans are then drawn up for spatial sub-areas of the municipal area ( §§ 8-10 BauGB ). While the land use plan only contains representations of the basic features of land use that are binding for the authorities, the stipulations in the development plans regulate the structural and other use of land in a detailed and generally binding manner . The zoning plans thus determine the essential legal prerequisites under which the building supervisory authorities issue building permits for building projects . If no building permits are required in accordance with the building regulations of the federal states (so-called permit exemption procedure), the builders are not released from the responsibility of complying with the legal planning stipulations of the development plan.

The municipalities in local self-administration are responsible for drawing up the land-use plans (municipal planning authority ). Within the framework of the law, they can control their urban development independently . They are subject to the legal supervision of higher administrative authorities and the judicial review .

In the case of land-use planning, the municipalities must observe the objectives of spatial planning that result from spatial planning ( Section 1 (4) BauGB, obligation to adapt) and take into account public and private interests (Section 1 (7) BauGB, obligation to weigh up ).

Section 1 BauGB also places high demands on the land-use planning. According to the principles laid down there, master plans should u. a. help to ensure a humane environment and to protect and develop the natural foundations of life. For example, § 1, Paragraph 6, No. 7 stipulates that when drawing up the land-use plans, "the interests of environmental protection, nature conservation and landscape management , in particular the natural balance, water, air and soil including its raw material deposits and the climate." "Must be taken into account. The land-use planning is therefore usually accompanied by the landscape planning in terms of nature conservation and regularly contains a separate environmental report .

historical development

The following chapter refers exclusively to the Prussian development of land-use planning and, after the Second World War , to the West German development, as these provided the most impetus for today's type of procedure.

Before 1875 - Police authorities set the alignment

Since the first half of the 19th century there have been alignments made by the police . This included alignment and development plans. In the plans, stipulations for the road layout were made. The alignment plans included a road; the development plans were drawn up for larger areas. The planning authority had the state building police, which requested the local police authority to draw up building plans that had to be approved by the king.

With a Prussian decree of 1855, the drawing up of city building plans was regulated. The decree only dealt with the development plans. The initiative for drawing up the plan now lay with the local police department, but the local authorities should "participate equally". In addition to the participation of the community, the disclosure of eight days was introduced, which gave those affected the opportunity to raise objections within four weeks. Subsequently, the district government decided on the plan. If there was no agreement between the municipality and the police department during the procedure, the district government decided beforehand and then carried out the disclosure.

1875 to 1945 - Prussian Flight Lines Act

The further history of urban land-use planning was based on the Baden Alignment Lines Act of 1868 as the first German Alignment Lines Act and the Prussian Alignment Lines Act of 1875 (historically also known as the Road and Building Alignment Act). The Prussian Alignment Lines Act ( law relating to the creation and modification of streets and squares in cities and rural towns ) of July 2, 1875 (GS p. 561) placed the initiative for drawing up plans for development and alignment plans in the hands of the municipality. The plan also had to be approved by the municipal council and the approval of the police authority. The disclosure procedure mentioned above was incorporated into the law and supplemented by the involvement of the authorities concerned. They had to be given the opportunity to protect their interests. In addition to the building plans, there were later police ordinances that stipulated the type and extent of the structural uses. However, this happened without the participation of the citizens and authorities, but with a coordination between the municipal leadership and the police. A decree from 1876 stipulated the design of the plans in terms of scale, representation (plan symbols), folding and necessary attachments (e.g. list of landowners to be expropriated).

A 1906 order supplemented the law of flight. Coordination with the neighboring communities was introduced here, as the rapidly growing cities, especially in the Ruhr area, collided. The responsible municipal and police authorities should coordinate with one another with regard to the construction zones and street layouts. In the same year the Minister of Public Works issued another decree introducing general zoning plans. This predecessor of today's zoning plan was an internal, non-binding preliminary draft for future development and alignment plans. There was no coordination with owners or authorities on these plans.

In 1914 a ministerial decree was supposed to promote the balance of interests between the community and those affected. In addition to the disclosure, it was stipulated that the owners concerned should be informed. With the Housing Act of 1918, the Alignment Lines Act was supplemented by regulations that increased the value of public spaces for recreation and also simplified the creation of small and medium-sized apartments.

In 1911 a special purpose association law was enacted which regulated the voluntary, joint establishment of road and building alignment plans. In the same year a special purpose association for Greater Berlin was founded, which included the then independent cities of Berlin, Charlottenburg, Spandau, Schöneberg, Rixdorf, Wilmersdorf, Lichtenberg and the districts of Teltow and Niederbarnim. He was given the task of participating in the building plans and building police regulations. In today's Ruhr area , the Ruhr Coal District Settlement Association was legally founded in 1920 . He took over the building planning responsibility of the municipalities and the police and created a regional planning association plan, which had a preparatory character.

An urban development law was presented in 1926, but not passed. Here the preparatory master plan was called the area allocation plan. This bill was revived in 1931 with a few changes. The preparatory land-use plan was now called the business plan, in addition, the issuing of building regulations was awarded to the municipalities, so that the land-use planning was combined in one place.

1945 to 1960 - development legislation

After the Second World War, the land-use planning was shaped by reconstruction. The reorganization of the police put the establishment of escape route plans in the hands of the large cities and districts. However, the police authorities should be heard about traffic-related issues. In 1950, development laws based on the so-called Lemgo draft were passed in the federal states . These regulated the establishment of development areas, which was assigned to the communities as a compulsory task. For the first time, the responsibility for planning was solely with the municipality . However, the plans required the approval of the higher authority. Here, too, a division was made into binding and preparatory land-use planning. In addition to the binding implementation plans for the development areas, there was the preparatory master plan for the entire city area. The master plan and the implementation plan had to be disclosed for four weeks, which meant that for the first time, participation took place in the preparatory land-use planning. Just like the declaration on the development area, the master plan had to be approved by the responsible minister of departments (the declaration on the development area by the responsible highest state authority) and, after 1952, by the higher administrative authority.

In addition to the municipalities that carried out the planning according to the construction law, there were housing estate municipalities that drew up economic plans and escape line plans according to the Housing Settlement Act of 1946, as well as municipalities that drew up zoning and division plans and escape line plans according to the Prussian Flight Lines Act.

1960 to 1986 - Federal Building Act

It was not until the Federal Building Act of 1960 (BBauG) that a uniform legal regulation came about for the entire federal territory, the main features of which have remained the same to this day. The zoning plan and the development plan were introduced as a two-stage development plan . What was new about the procedure was that public and private interests had to be weighed up against each other fairly (Section 1 (4) sentence 2 BBauG). The involvement of the public sector bodies was included in the law for both the binding and preparatory land-use planning, as was the disclosure procedure, which was previously only regulated in the construction law for the preparatory land-use plan. The task of the supervisory authority became pure legal control. Plans from the time before the BBauG could be transferred under certain conditions. Further details have been regulated in the Building Use Ordinance since August 1, 1962.

With the amendment of the BBauG of 1976, the early public participation after the submission of the Urban Development Act of 1971, which contained regulations on urban redevelopment and development measures, was included in the land-use planning.

With the acceleration amendment of 1979, the zoning plan procedure was to be simplified and expanded regulations for the healing of injuries in the preparation of the zoning plans were included. It was made possible to set a deadline for the participation of the public sector bodies in the land-use planning. The parallel procedure and the simplified development plan procedure were also introduced.

1986 to the present day - Building Code

In 1986 the Building Code (BauGB) was enacted, which summarized, supplemented and superseded the Federal Building Act of 1960 and the Urban Development Promotion Act of 1971. Under certain conditions, development plans no longer had to be approved, but only had to be displayed. With the Measures Act for the Building Code of 1990, the zoning plan procedure was made easier by shortening or merging procedural steps.

Through the Investment Facilitation and Housing Land Act of 1993, the BauGB and the BauGB Measures Act were only slightly changed. The project and development plan and the urban development contract from the building planning and approval ordinance of the German Democratic Republic of 1990, which previously only applied to the new federal states and East Berlin in Section 246a (1) of the BauGB, were adopted into the BauGB Measures Act ( Sections 8 and 9 of the BauGB Measures Act). In addition, the BauGB Measures Act, which previously only applied in the old federal states, was extended to the entire federal territory.

The 1998 amendment brought only minor changes to the land-use planning procedure. The provisions of the BauGB Measures Act were partially incorporated into the BauGB. The notification procedure for development plans has been abolished. At that time, changes to the content, for example relating to environmental protection issues ( Section 1a BauGB) or new methods of land-use planning via project and development plans ( Section 12 BauGB) were important.

Through the European Law Adaptation Act Construction , the strategic environmental assessment or plan environmental assessment was integrated into the master plan procedure in 2004 . Further changes came into effect on January 1, 2007 through a further amendment to the BauGB, above all the accelerated procedure ( Section 13a BauGB) for planning that is used for interior development. Another amendment to the BauGB came into effect on May 13, 2017. The numerous changes include: a. Facilitation of housing construction in the outdoor area (§ 13b BauGB), provided this connects to the interior and the introduction of a new area type " urban area " for the redensification of mixed areas (§ 6a BauNVO).

literature

  • Comments and textbooks on public building law, the BauGB , the BauNVO and the building regulations of the federal states.
  • Ronald Kunze, Hartmut Welters (ed.): The practical handbook of building land use planning . WEKA-Media, Kissing 2009, ISBN 978-3-8277-8189-5 .
  • Michael Hauth: From the master plan to the building permit (= dtv. Beck legal advisor in dtv 5615). 10th edition. Deutscher Taschenbuch-Verlag, Munich 2011, ISBN 978-3-423-05615-1 .
  • R. Friedrichs: Roads and Building Lines Act of July 2, 1875 , reprint of the first edition of Friedrichs' Commentary on the Prussian Line of Flight Act published in 1882, edited by Dirk Schreiber, Hamburg, 2018, ISBN 978-3-7469-0859-5

See also

Web links

Individual evidence

  1. ↑ Original text version of the Prussian Flight Lines Act ( Memento from January 28, 2015 in the Internet Archive ) (PDF; 123 kB)