Land use planning

The Land Use Plan ( preparatory land use plan ) is a planning tool (Plan drawing with justification) of public administration in the system of spatial planning of the Federal Republic of Germany, with the urban development of the communities to be controlled.

The lowest level of spatial planning at the community level is referred to as land use planning. The urban land is in two stages and knows the plan instruments zoning and development plan. The land use plan is thus a formal instrument of urban planning and expression of the municipal planning authority.

The possible content, the process of plan preparation and the legal consequences of the land use plan are defined in the Building Code. Supplementary regarding the content found in the Land Use Ordinance.

General

According to § 5 of the Federal Building Code ( Building Code ) is in the zoning plan (abbreviated: FNP or F -Plan) for the entire municipal area represent the situation resulting from the proposed urban development type of land use by the foreseeable needs of the community in the Broad.

It is a graphical plan representation of the entire municipal area in which the existing and desired for the future land uses are shown. For example, are represented areas of residential areas, commercial areas and arable land. This applies to land to which these terms are already present, and areas where such use is to be established in the future. The purpose of the Land Use Plan is not a cartographic representation of the actual state but rather a forward-looking conceptual development planning. Therefore deviate from the actual state planning representations constitute the main content of the Land Use Plan, although they occupy a much smaller area than the stock representations typically.

Of special importance is the land use plan, therefore, for the designation of development areas. Through the identification of previously undeveloped areas outside the construction areas in the zoning plan, the community expresses its intention to develop these areas in the foreseeable future through the establishment of development plans, the implementation of land rerouting of and construction of the technical development of new building areas.

This is an information and control effect on other measures of public administration can be achieved. Thus, in structural measures, the future development of a community building areas to be considered. For example, as can be factored as schools in the planning of roads, drainage channels, supply lines or other public institutions, whether in their catchment area, new construction areas arise.

Work will also include construction activities that hinder the realization of future plans or this makes it difficult to be avoided. Through the presentation of a planned road in the zoning plan, the construction of a permitted outside the building project as a farm or of equipment intended to prevent energy production, for example in the route.

The land use plan is a program of the municipality, which is for them and other authorities binding. For private individuals, but no rights or duties may be derived from the land use plan typically.

Nevertheless, the designation of previously undeveloped land as building land in the zoning plan virtually any appreciation in value of the land concerned result. One speaks in this context of development land. However, the municipality may revoke this designation by changing the zoning plan again. The affected property owner is not entitled to compensation in this case. ( In contrast to the withdrawal of a building allowance through modification of a development plan, compensation claims can cause. )

The land use plan has typically scales from 1:10,000 to 1:50,000. The scale is chosen ( the community typically ) from the scheduler and depends on both the planning level of detail as well as the planning area size. The graphically - cartographic representation is supplemented by a statement of reasons, in the community discussed the underlying its planning objectives underlying considerations.

To ensure the readability of various land use plans, the color and symbolic design has to be based on the requirements of the plan characters Regulation.

Due to the comparatively small-scale representations of the FNP open (as opposed to the fixing of a development plan ) in terms of their spatial extent a certain interpretation. We say that the FNP is not " plots sharp".

According to the guidelines of the Building Code, each municipality is required to prepare a land use plan for the area. The task of compiling a land use plan may be delegated by individual communities to inter-municipal special-purpose associations. ( Regional Land Use Plan ), particularly in densely populated areas this makes sense to better match the spatial development of neighboring communities on municipal boundaries.

The usual contents of the FNP are enumerated in § 5 of the Building Code, where this is not a mandatory requirement. In contrast to the development plan, the contents of which are final and binding specified in § 9 of the Building Code, the scheduler of the FNP can vary the contents of the FNP in certain limits and subject to planning need.

The land use plan is a preparatory land use plan, that typically results in no immediate legal action against the citizens unfolds, but only internally within the authorities binding rules in particular and to the content of development plans ( " binding land use plan " ) and instructions for the decision on approval of projects includes. It is said that the building plans are to be developed from the land use plan.

With the expulsion of the Land Use Plan is referred to as " representations ". This term is intended to emphasize the legal other relevance in comparison to the mandatory expulsion of a development plan, known as " fixing ". However, as the development plan of the land use plan also includes memo acquisitions that are not based on the planning decision of the municipality, but the planning and legal requirements of other carriers arise. These are taken from a purely informative nature in the land use plan, because they are relevant for spatial development and construction projects. (Examples: contaminated sites, conservation areas, flood plains )

When drawing up or amending a land use plan are the overall goals of spatial planning to observe state and regional planning.

Land use plans must be approved (usually the district or state administration ) from the higher administrative authority.

Content

Representations

Are presented in the zoning plan, for example:

• Surfaces, which are intended for development, broken down by types of use: residential land (W), mixed areas (M), commercial building sites (G ), special construction areas (S )
• Areas for supply systems and public facilities (eg purification plant, transformer station, church, sports field, cultural institutions )
• On local traffic areas (motorways, national roads, arterial roads )
• Green spaces ( such as parks, allotments, playing fields, cemeteries )
• Water bodies ( eg lakes, harbors, flood control systems)
• Agricultural land and forest
• Surfaces for use restrictions (eg distance areas)
• Land for landfills, excavations and for the extraction of mineral resources
• Surfaces to compensate for intervention in nature and landscape

Schedule of title for projects outside

Particular importance is attached to the land use plan in controlling the admissibility of certain projects in the outdoor area in particular wind turbines. These projects are in accordance with § 35 ( 3) sentence 3 of the Building Code in Outside in principle allowed, but they are usually public interests, to the extent of this in the zoning plan ( or as objectives of regional planning ) a deportation order has been made elsewhere by representations.

This so-called plan of title means concretely when surfaces are shown for wind turbines in the FNP, the construction of wind turbines in the remaining scope of FNP is that not permitted in the rest of the municipality. Based on this representation must be a logical and reasoned planning concept.

The same legal effect can be achieved by expulsions as the goal of spatial planning in regional plans or land development plans / national development programs. There is some debate on which planning level regime is more appropriate. Through the designation at the level of regional planning can be achieved better to focus on particularly suitable locations in a planning region. Through the designation in the zoning plan, the individual communities to pursue their economic interests to some extent. The problem is that wind turbines far beyond municipal boundaries are visible due to their great height and can be a supra-local adversely affecting the landscape.

Installation procedures and public participation

According to the Building Code ( Federal Republic of ) citizens and associations as early as possible to inform them of the general objectives and purposes of planning. You must have an opportunity to express their views on planning and to submit suggestions for changes. The submitted opinions are to be weighed with other interests before the plan can be approved.

The participation procedures in the preparation, alteration, amendment or repeal of a zoning plan usually runs on two levels:

• Early public participation
• Public interpretation of the draft plan

In addition to the participation of the public are authorities and other public agencies to provide comments to ask for planning.

Legal action and judicial review

A judicial review of the content of the Land Use Plan is not possible for private persons, since the FNP does not have direct legal force or immediate consequences for them typically. The FNP develops only after a binding land use plan ( zoning plan ), a building permit or a zoning legal effect for the citizens.

However, the representations of the land use plan may be relevant to the admissibility of certain construction projects outdoors. Since in this case the land use plan has a direct legal consequences for individuals, is a judicial review possible example in the action against the non-issuance of an installation permit. ( Incident examination )

Regional Land Use Plan

A special feature is the Regional Land Use Plan ( Abbreviation: RegFNP or RFNP ). It can merge in compressed spaces or other space structural links the plains regional plan and (common ) land use plan pursuant to § 204 Building Code in a plan work ( § 9 para 6 ROG ), unless state law provides that the regional planning mergers of municipalities and associations of municipalities to local planning authorities takes place. The regional land use plan must include both the provisions of the Building Code and the Planning Act.

The first Regional Land Use Plan in the Federal Republic was set up for the Rhine-Main region from planning Ballungsraum Frankfurt / Rhine- Main. Another regional land use plan has been established in the Ruhr. For this purpose, founded in late 2005, the cities of Bochum, Essen, Gelsenkirchen, Herne, Mülheim an der Ruhr and Oberhausen planning community. About whose work informs the homepage of the cities of the Ruhr region 2030.