Spatial planning procedure

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The regional planning procedure (ROV) is one of the classic spatial planning instruments . In addition to the ROV, other instruments are the regional spatial planning plans and the regional planning plans for the sub-areas of the federal states ( regional plans), the target deviation procedure and the spatial planning prohibition in Germany. Section 15 of the ROG and the state planning laws of the states form the legal basis . The ROV is a preliminary expert opinion for assessing the spatial compatibility of spatially significant individual projects with supra-local significance (e.g. routing of a motorway, construction of large retail facilities, see § 1 of the spatial planning ordinance). It clarifies whether a measure is compatible with the requirements of spatial planning and how spatially significant measures can be coordinated. The ROV has no direct legal effect, but must be taken into account in the subsequent planning and approval procedures.

tasks

An ROV has the task of checking the conformity of the specific project with the goals and principles of spatial planning and regional planning. It is cross-sectional and thus integrates economic, ecological, cultural and social aspects. It should create planning security for the investor, based on broad participation, project optimization and public acceptance for the project. It forms an information and assessment basis for subsequent approval procedures.

procedure

An ROV can be initiated either ex officio or on the initiative of a project promoter.

First, the need for the procedure is checked:

  • What is the planning status of regional planning and regional planning?
  • Is the project relevant to the area?
  • Are there any changes to the plan?

Then the ROV is prepared by the responsible planning authority. In many federal states, this is usually the middle instance (district government / regional council). The necessary planning documents are drawn up and the public bodies affected in their concerns are involved. In the run-up to the procedure, there is an application conference in which information is provided about the project and the scope of the investigation is determined. The ROV can then be formally opened by sending the documents. As part of the public participation , the plans are then discussed and revised if necessary. At the same time the program and planning bodies are involved and any procedural problems are discussed.

graduation

Once completed, the ROV will not become legally binding. It is to be taken into account as an "other spatial planning requirement" by authorities and other planning agencies (Section 3 (1) No. 4 ROG). The ROV ends with a positive, conditional, or negative assessment. Different terms are used for these in the federal states (for example: spatial planning assessment [Baden-Württemberg, North Rhine-Westphalia, Saarland, Schleswig-Holstein], state planning determination [Lower Saxony], or spatial planning decision [Rhineland-Palatinate]) .

Basically there can be 3 possible outputs:

  • The project meets the requirements of regional planning and regional planning. There are no problems with the implementation.
  • The project does not meet the requirements of regional planning and regional planning. As an alternative, at the initiative of politicians, only a so-called deviation procedure can now be sought.
  • The project complies with the requirements of regional planning and regional planning. In this case, conditions are imposed on the project sponsor, e.g. B. Compensatory measures or noise protection measures (this is the case that occurs most frequently).

literature