Environmental report (land-use planning)
The environmental report in accordance with Section 2, Paragraph 4 of the BauGB describes and evaluates the result of the environmental assessment with regard to environmental concerns in the standard procedure for drawing up land-use plans . The determination of the likely significant environmental impact is carried out in the environmental assessment.
In contrast to the standard procedure, the simplified and accelerated procedures (mandatory) do not include the environmental review and thus also the environmental report. This applies in particular to the development plan (Germany) for the interior development.
The environmental report provides an adequate representation of the likely environmental impacts of a land use or development plan and is intended to offer reasonable planning alternatives. In the environmental report, information about formally defined environmental protection goals relevant to the planning area must also be presented.
When describing the environmental impacts, in addition to the burdens resulting from the planning, the positive consequences can also be shown in the environmental report. Overall, it is an instrument to transparently present the significant environmental impacts and the handling of environmental issues in the context of urban land use planning.
Part of the rationale
According to § 2a BauGB, the environmental report in the land-use planning is part of the justification for a land use or development plan and thus the subject of public and public participation; it is to be adapted to the respective status of the procedure.
The environmental report is the central document from which the public and the authorities as well as other public bodies can see how the municipality has carried out the environmental assessment. In particular, the environmental report drawn up for a development plan has considerable relevance for third parties due to the specific stipulations on individual properties. It must therefore enable third parties to assess whether and to what extent they may be affected by the environmental effects of the stipulations made in a development plan.
The structure of the justification takes into account that the environmental report is, on the one hand, an integral part and, on the other hand, a separate part of the justification. The internal structure of the environmental report is based on Appendix 1 to the Building Code.
Consideration
The result of the environmental assessment is to be taken into account in the weighing of decisions on the master plan. The environmental report therefore prepares the weighing up; the decision on the issues to be taken into account is made outside of the environmental report. The issues summarized in the environmental report are weighed up alongside all other issues presented in the explanatory memorandum. There is no preference.
Appendix 1 BauGB
The environmental report according to § 2 Paragraph 4 and § 2a Clause 2 No. 2 BauGB consists of
1. an introduction with the following information:
a) A brief description of the content and the main objectives of the master plan, including a description of the specifications of the plan with information on the locations, type and scope as well as land requirements for the planned projects, and
b) Description of the environmental protection goals set out in the relevant specialist laws and plans, which are important for the master plan, and the way in which these goals and environmental concerns were taken into account in the preparation,
2. a description and assessment of the environmental impacts that were determined in the environmental assessment in accordance with Section 2, Paragraph 4, Clause 1, with information from
(a) an inventory of relevant aspects of the current state of the environment, including the environmental characteristics of the areas likely to be significantly affected;
b) forecast of the development of the state of the environment when planning is carried out and when planning is not carried out,
c) planned measures to prevent, reduce and offset the adverse effects and
d) Other planning options that may be considered, taking into account the objectives and the spatial scope of the master plan,
3. the following additional information:
a) Description of the most important features of the technical procedures used in the environmental assessment as well as references to difficulties that occurred in compiling the information, e.g. technical gaps or lack of knowledge,
b) Description of the planned measures to monitor the significant effects of the implementation of the master plan on the environment and
c) a generally understandable summary of the information required in accordance with this annex
literature
- Ronald Kunze, Hartmut Welters (ed.): The practical handbook of building land use planning. Concrete procedures - current case law. Loose-leaf collection with ongoing updates. WEKA - specialist publisher for authorities and institutions, Kissing 1997/2007, ISBN 3-8276-8189-8 .
