Retail concept

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In the field of town planning and spatial planning, a retail concept is a planning concept in which planners determine the aspects according to which retail should be planned or located in a room. If the space to which such a plan concept refers is a municipality ( municipality ), it is referred to as a municipal retail concept . If the plan concept relates to a region (area of ​​several municipalities), the plan is referred to as a regional retail concept . In addition, it is often a matter of so-called "retail and center concepts", since so-called "central supply areas" can also be identified in the course of the elaboration.

The term "center" does not exclusively refer to the location within a city or municipality, for example as a city center, but also means a "central function" of an area. As a result, a "central supply area" does not necessarily have to be within the city or community center. Instead, due to their essential importance, several areas can also have a central function and thus be identified as "central supply areas".

A retail concept should be decided by the competent council as an urban development concept in accordance with Section 1, Paragraph 6, No. 11 of the Building Code, in order to achieve a certain degree of binding force. Although it has no direct binding effect as an informal planning instrument, it is increasingly used (and is also regularly required by the competent approval authorities) as the basis for approval for retail developments.

Essential contents are the recording of the existing supply situation within the city or municipality to be examined, the determination of existing and potential retail focuses and, based on this, the designation of the central supply areas as future development areas. In addition, it is customary to assign location-specific assortment lists to the supply areas, which defines the future permissibility of the assortments offered within the respective areas. The definition of these product ranges should be site-specific in order to meet local requirements and to ensure that potential new settlements in these areas fit into the existing stock.

Due to the non-binding nature of the concepts, which only formulate planning and development intentions, it makes sense to make the essential statements about the binding land-use planning (e.g. the transfer of the product range lists in development plans, provided that these concern an area within a central supply area with an associated product range list) after the concept is drawn up ) to be anchored in planning law.

According to § 2 Para. 2 BauGB, the "zoning plans of neighboring municipalities [..] are to be coordinated with one another. Municipalities can also refer to the functions assigned to them through spatial planning goals and to the effects on their central supply areas." The designation of central supply areas can therefore also have a protective effect. This is also confirmed by Section 9 (2a) BauGB. This also makes it possible to set up development plans only to anchor the central supply areas, which were previously defined as part of a retail and center concept. "2a) For districts built on in context (Section 34), in order to maintain or develop central supply areas, also in the interest of consumer-oriented supply to the population and the internal development of the communities, a development plan stipulates that only certain types of the areas referred to in Section 34 Para. 1 and 2 admissible structural uses are admissible or not admissible or can only be admitted in exceptional cases; the stipulations can be made differently for parts of the spatial scope of the development plan. In particular, an urban development concept based on this within the meaning of § 1 Paragraph 6 No. 11, which contains statements about the central supply areas to be maintained or developed in the municipality or a part of the municipality. In the central supply areas to be maintained or developed, the planning-law requirements for projects that serve these supply areas, na ch § 30 or § 34 exist or be provided for by a development plan, the establishment of which has been formally initiated. "

literature

  • Heinz Konze, Michael Wolf (Ed.): Regional retail concepts: control instrument with a future . In: Controlling retail in North Rhine-Westphalia systematically! . Verlag der ARL, Hannover 2012, pp. 135–156, ISBN 978-3-88838-373-1 ( PDF )
  • Stefan Kruse, Christian Schneider: Retail control and promotion through retail concepts . Springer-Verlag 1998.
  • Stefan Kruse (Ed.): Handbook Retail , VHW-Verlag, Bonn, August 2012.
  • Frank Osterhage: Regional retail concepts in NRW: Status and perspectives . Institute for State and Urban Development Research and Construction of the State of North Rhine-Westphalia, 2005 ( PDF )
  • Michael Uechtritz: Retail concepts and compatibility reports in case law. In: Willy Spannowsky , Andreas Hofmeister (ed.): Retail development in the municipalities: current technical and legal issues. Lexxion, Berlin Brussels 2013, ISBN 978-3-86965-240-5 , pp. 77-88; limited preview in Google Book search
  • Ulrich Kuschnerus (Ed.): The location-appropriate retail trade - vhw - Verlag service; Edition: 1 (May 1, 2007)

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