Regional land use plan
In Germany, a regional land use plan is a formal plan for several municipalities that combines the functions of a regional plan and a joint land use plan in one plan. The first plan of this kind, the regional zoning plan for the Ruhr urban region, has been in effect since May 3, 2010 in the area of the cities of Bochum , Essen , Gelsenkirchen , Herne , Mülheim an der Ruhr and Oberhausen . A second plan of this kind, the regional land use plan for the Frankfurt / Rhine-Main conurbation , had been in the process of being drawn up since 2003; it was finally decided by the Association Chamber and Regional Assembly of South Hesse on December 17, 2010 and announced in the Hessian State Gazette on October 17, 2011 .
Federal legal foundations
According to Section 13 (4) of the Regional Planning Act (ROG), a plan in densely populated areas or in the case of other spatial structural interdependencies can simultaneously take on the function of a regional plan and a joint land use plan in accordance with Section 204 of the Building Code (BauGB). The plan (regional land use plan) must comply with both the ROG and the BauGB regulations.
Classification in the system of planning levels
The preparation of a regional land use plan (abbreviation: RegFNP or RFNP) is associated with saving a planning level. Instead of the conventional four-level planning hierarchy of state spatial planning , regional planning , preparatory land-use planning and binding land-use planning, there is then only a three-level planning hierarchy consisting of state planning, regional land use planning and binding land-use planning.
Application in the federal territory
The first procedure for setting up a RegFNP in Germany began in the Frankfurt / Rhein-Main region at the planning association for the Frankfurt / Rhein-Main conurbation . A second procedure to draw up such a plan was initiated by the cities of Bochum, Essen, Gelsenkirchen, Herne, Mülheim an der Ruhr and Oberhausen and concluded on May 3, 2010 with the announcement of the thus legally binding RFNP of the Ruhr urban region .
RegFNP for the Frankfurt / Rhine-Main conurbation
The regional assembly South Hesse (RVS) and the association chamber of the planning association for the Frankfurt / Rhine-Main conurbation (VK) jointly draw up the regional land use plan. The close cooperation between these two planning institutions is the success criterion for regional land use planning in Frankfurt / Rhine-Main. The RVS had made the decision on May 16, 2003, the UK followed with an identical decision on May 21, 2003.
Before the draft plan was drawn up, a model was drawn up that outlines the intended development of the region over the next few years. The mission statement "Frankfurt / Rhein-Main 2020 - the European metropolitan region" comprises six equal goals: region of strong centers, region of young people and families, region of science and training, region of innovative industries, region of mobility and logistics, region the attractive landscape and culture. The mission statement was developed under the direction of the planning association and the Darmstadt regional council and for the first time is a common vision of the future of numerous regional actors. RVS and VK decided to do so in 2004.
At the beginning of 2006 the planning association and the Darmstadt regional council completed the preliminary draft of the RegFNP and introduced it to the VK and RVS at the same time. The RegFNP contains statements on the future spatial and settlement structure, on safeguarding and developing open spaces, traffic, water, waste, energy, securing raw materials, agriculture and forestry and monument preservation. Goals and principles and representations are shown in maps and text. The RegFNP also includes a comprehensive environmental report. For the area of the South Hesse region in which no RegFNP applies, the draft of the South Hesse regional plan was drawn up and entered into the participation process at the same time as the RegFNP. The early participation in the RegFNP took place from May 2nd to August 1st 2007. A total of 1,500 statements from authorities and citizens were received by the Darmstadt regional council and the planning association, and 9,500 applications for changes to the plan were submitted.
The comments were examined and the preliminary draft of the RegFNP changed. In April 2009 RVS and VK approved the changes to the preliminary draft and the disclosure of the draft RegFNP. The public and the authorities had the opportunity to again submit requests for changes to the plan between September 1 and November 2, 2009. The disclosure was a section in the participation process that met both the legal requirements of the Hessian state planning law for the preparation of regional plans and the requirements of the building code for land use planning. In this process step, 2,850 statements were submitted and 6,000 applications for plan changes were made.
On December 15 and 17, 2010, the Association Chamber and the Regional Assembly of South Hesse will adopt the Regional Land Use Plan (RFNP).
Three months later, on March 3, 2011, the Hessian state parliament passed the "Law on the Frankfurt / Rhine-Main Metropolitan Region", which came into force on April 1. At the same time, the planning tape becomes the "Regionalverband FrankfurtRheinMain". In addition to land use and landscape planning, the regional association is also responsible for strategic control and coordination tasks for the development of the region. In addition, the regional council will be dissolved and replaced by an expanded regional board.
When it was published on October 17, 2011 in the Hessian State Gazette, the RFNP was, in its own opinion, the first in Germany to become legally valid.
RFNP of the Ruhr urban region
In the Ruhr area , a procedure to set up an RFNP was initiated on the basis of the building code and the regional planning law, after the state of North Rhine-Westphalia created the relevant state legal bases by amending the state planning law in 2005 (§ 25 LPlG NRW). The cities of Bochum , Essen , Gelsenkirchen , Herne , Mülheim an der Ruhr and Oberhausen decided to set up a planning community for the Ruhr urban region to set up an RFNP, and they demonstrated that the RFNP would make spatial planning in the closely interwoven core of the Ruhr area faster, can be coordinated more peacefully and efficiently and networked with the other planning. With their project they connected and still connect a new quality of intermunicipal cooperation in the Ruhr area.
Since the public announcement of the approval of the planning community by the then responsible Ministry for Economic Affairs, Medium-Sized Enterprises and Energy of the State of North Rhine-Westphalia ( Christa Thoben ), the cities cooperating in the planning community of the Ruhr urban region are officially responsible for joint land use planning and regional planning in their area .
The work of the planning community of the six cities in the Ruhr area quickly led to a preliminary draft in which citizens and authorities were involved. On the basis of the statements of the authorities and the suggestions of the citizens, a draft was drawn up in 2008 and made public. The time target for the decision of the RFNP of the Ruhr urban region was early summer 2009. On August 19, 2009, the plan was submitted to the Ministry of Economics, Medium-Sized Enterprises and Energy of North Rhine-Westphalia as the state planning authority, which was declared during the approval process to want to decide on the approval of the RFNP within the approval period in accordance with Section 6, Paragraph 4 of the Building Code (i.e. within three months, i.e. by November 19, 2009). In fact, the approval was given on November 18, 2009, but subject to conditions by the ministry. These conditions required the cities of the planning community to decide to join, which were taken by March 2010. After the plan was announced, the RFNP came into effect on May 3, 2010.
Since the instruments of the RFNP represent "new territory" in legal and planning terms, practicable solutions had to be found for many requirements, for example in connection with scale, legend, plan contents and procedures.
When the RFNP of the Ruhr urban region came into force on May 3, 2010, it was possible for the first time to combine land-use planning and regional planning in a single plan, thus replacing three municipal land use plans and three sections of state regional plans with a new type of plan.
The RFNP of the Ruhr urban region remains valid until a new regional plan in the Ruhr area comes into force and can be changed and supplemented by the cities of the planning community until further notice in consultation with the Ruhr Regional Association.
Evaluation of the state legal basis and the instrument by the state government of North Rhine-Westphalia
The state of North Rhine-Westphalia has legally provided for an evaluation of the state legal basis and the planning instrument RFNP (§ 26 LPlG NRW). The state has now completed this evaluation on the basis of the RFNP preliminary draft of the planning community of the Ruhr urban region and on the basis of expert reports and statements. In the economic committee of the North Rhine-Westphalia state parliament, the minister responsible for the RFNP, Christa Thoben, submitted on December 10, 2008 that the RFNP, as an instrument of local regional planning, did not systematically fit into the state-written regional planning of North Rhine-Westphalia, that the state-written regional planning for the Ruhr area should in future be taken care of by the Ruhr Regional Association and that the RFNP experiment can therefore only be maintained for a transitional period. In future, the RFNP should be incorporated into a regional plan for the Ruhr. For January 2009 the minister announced a draft bill for the state planning law to be amended in this regard. After the turn of the year - according to the Minister in the Economic Committee on December 10, 2008 - there should also be a detailed evaluation report. But even until mid-February 2009, the interested public could not find out in detail why the responsible ministry came to a negative result in the evaluation; the promised detailed evaluation report was not yet publicly available.
Web links
Individual evidence
- ↑ History of the Regional Association FrankfurtRheinMain ( Memento of the original from January 21, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Website of the regional association FrankfurtRheinMain. Retrieved March 12, 2012.
