Priority area

In regional planning, a priority area is an area in which, due to spatial structural requirements, a certain matter has to take priority over other matters. All spatially significant plans and projects in the area concerned must be compatible with the primary objective. Priority area determinations are finally weighed, i.e. This means that projects and measures that run contrary to the specified goal are not permitted without further consideration, for example with the private interests of the developer.

Priority areas are objectives of spatial planning within the meaning of the Regional Planning Act (ROG § 3 Paragraph 1 No. 3), reserved areas are among the principles of spatial planning. In reserved areas, however, certain spatially significant functions or uses are only to be given “special weight” when balancing competing spatially significant uses, Section 7 (3) sentence 2 no. 1 Regional Planning Act (ROG). As a public concern within the meaning of Section 35 of the Building Code , they can oppose the approval of a specific, competing construction project not covered by the planning designation in individual cases, so they do not necessarily lead to inadmissibility.

features

Priority areas are defined in Section 7, Paragraph 3, Clause 2, No. 1 ROG as

"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".

Priority areas can be defined for different uses. These include a. Priority areas for wind energy, securing raw materials, port-oriented economic facilities, settlement development or nature and landscape. For example, the objectives of the designation of priority areas for nature and landscape are:

• Sustainable securing of areas with significant natural and landscape potential
• Protect ecologically valuable compensation areas
• Preserve the diversity of the cultural landscapes

Priority areas for nature and landscape often take up existing protection categories and integrate their area specifications. Protected areas of different degrees of protection are:

• Nature reserves and national parks : only official maintenance measures allowed, free of any interference or use
• Natural monuments
• Landscape protection areas and biosphere reserves : Preservation of grown cultural landscapes, changes to previous economic use prohibited
• Nature parks : Services can be developed, but overall the scenic charm and ecological diversity must not be impaired.

Examples

From 2011, the red-green state government in North Rhine-Westphalia wanted to identify areas along motorways, railway lines or power line routes as priority areas or use them for the construction of wind farms.

literature

• Willy Spannowsky , Peter Runkel, Konrad Goppel: Raumordnungsgesetz (ROG) Commentary, Munich 2010 ISBN 978-3-406-60472-0

Web links

• Spatial Planning Act with Section 8 Paragraph 7 No. 1 Priority Area (PDF file; 36 KB)

Individual evidence

1. ↑ Regional planning. (No longer available online.) In: Region Südostoberbayern. Archived from the original on November 25, 2007 ; accessed on April 25, 2018 . 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.  
2. ↑ http://www.klima-und-raum.org/vorrang-vorbehalts-eignungsgebiet
3. ↑ BverwG judgment of January 27, 2005, 4 C 5.04