Reserved Area

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A reserved area is a regional planning target that specifies certain spatially significant functions or uses in a binding manner (Section 3 (1) No. 2 ROG). It is an instrument of spatial planning and, similar to the lock on change, a determination of the content and limits of property without compensation .

term

Spatial plans can be used to determine the spatial structure according to Section 8 (7) of the ROG denote priority , reservation and suitability areas. The concerns can be set for the priority or reserve areas are, for example, in the Free State of Bavaria in the country's development program determined (Art. 14 para. 2 sentence 3 BayLPlG).

  • Priority areas are areas that are intended for certain spatially significant functions or uses and exclude other spatially significant uses in this area, insofar as these are not compatible with the priority functions or uses (Section 8 (7) No. 1 ROG). Examples: The area required for the further development of Munich Airport is defined as a priority area for airport development , as are areas of particular importance for nature conservation and landscape management
  • Reserved areas are areas in which certain spatially significant functions or uses are to be given particular weight when weighing up against competing spatially significant uses (Section 8 (7) No. 2 ROG). Examples: Reserved areas for the extraction of mineral resources or the construction of wind turbines
  • Suitable areas are areas in which certain spatially significant measures or uses, which are to be assessed in terms of urban development in accordance with Section 35 of the Building Code , do not conflict with other spatially significant issues, whereby these measures or uses elsewhere in the planning area are excluded (Section 8 (7) No. 3 ROG)

meaning

Reserved areas are part of the "spatial planning objectives" and are to be taken into account when approving spatially significant projects in the area concerned (Section 4 (1) No. 2 ROG).

As a public concern within the meaning of Section 35 BauGB , they can oppose the approval of a competing, privileged building project in the outdoor area that is not covered by the planning designation . This already applies if the expulsion is not yet binding, but the plan in question is only being drawn up. However, the planning must at least have reached the "readiness for announcement" stage. This is the case if it can be made the subject of discussion in the context of a participation procedure. In addition, it must be foreseeable that the planned planning will also become binding. This is judged according to the respective local conditions and the relevant state planning law.

Reserved areas do not automatically violate the prohibition of negative planning because of their exclusionary effect. The inadmissibility is only given if the designation does not correspond to the real will of the planning authority, but has only been advanced to prevent certain uses.

In priority areas , on the other hand, projects that are incompatible with the defined objectives are generally not permitted without further consideration of the private interests of the developer.

literature

Individual evidence

  1. ↑ BVerwG decision of November 28, 2005, 4 B 66.05
  2. ↑ § 3 ROG
  3. ↑ BverwG judgment of January 27, 2005, 4 C 5.04
  4. ↑ § 8 ROG
  5. ↑ Bavarian State Planning Act (BayLplG) ( Memento of the original from September 24, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. dated June 25, 2012 @1@ 2Template: Webachiv / IABot / www.gesetze-bayern.de
  6. ↑ State Development Program Bavaria of September 1, 2013 (LEP), p. 49, 4.5.1
  7. ↑ LEP p. 71, 7.1.2
  8. ↑ LEP p. 55, 5.2.1
  9. ↑ LEP p. 68, 6.2.2
  10. ↑ § 4 ROG
  11. ↑ BverwG judgment of January 27, 2005, 4 C 5.04
  12. ↑ ibid.
  13. ↑ ibid.
  14. ↑ BVerwG, judgment of March 13, 2003, 4 C 4.02 = BVerwGE 118, 33
  15. ↑ BVerwG judgment of December 18, 1990, 4 NB 8.90 on § 1 para. 3 BauGB