CONTENT AND PROCESS ACCORDING TO THE VALID ACT
SITUATION AND MAIN PROBLEMS IN PLANNING
of a Federal State Development Plan – (Mecklenburg-Westpommerania)
of the Regional Plan “Vorpommern” (a Part of Mecklenburg-Westpommerania)
of a preparatory land-use plan (City of Dortmund)
Legally Binding Land-Use Plan “Hom 213” (City of Dortmund)
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national and regional
plans and strategies of spatial development
spatial planning legislation / planning documents ie enforced/approved
I. GENERAL INFORMATION
The land utilisation in the FRG showed in 1997 the following table:
||settlement and transportation areas
|357 000 km2
Nearly every third inhabitant (26 million
= 32%) lives in one of the 84 cities (more than 100.000 inhabitants).
But the majority live in villages and small towns: 6,5 million
(8%) in places up to 2.000 inhabitants and 49,5 million (60%)
in communities from 2.000 to 100.000 inhabitants.
2. Administrative organisation
Germany is a federal republic made up of the Federation (Bund)
and 16 federal states (Laender):
- Lower Saxony
- Mecklenburg-West Pomerania
- North Rhine-Westphalia
According to the federalist principle of
the constitution the authority of the German state is divided
between the Federation (the Bund) and the federal states (the
Laender). The federal states have their own state authorities
and their own legislation. This fact characterises Germany
as a decentralised state.
The federalist structure of the German state
with the three central levels of the Federation, the federal
states and the municipalities as the organs of local self-government
has a decisive influence on the system of spatial planning.
Decentralised in the same way, spatial planning in Germany
is thus arranged through the legally determined distribution
of responsibilities and tasks between the three levels of
the Federation, the federal states and the municipalities.
Spatial planning in Germany is consequently a system of planning
levels that are clearly delineated legally, organisationally
and from the point of view of content. On the one hand, they
each have their own legal basis, but on the other hand they
are closely inter-linked through the principle of counter-current
as well as on the basis of complex regulations regarding information,
participation, agreement and co-operation, and obligation.
At the federal level is the Ministry for
Transport, Building and Housing, responsible for spatial planning.
Spatial planning is in accordance with the German constitution
(Art. 75 No. 4) a policy area with only framework competencies
for the Federation. Therefore, there is no federal spatial
planning nor plan. To co-ordinate the different policies in
the field of spatial planning, a conference of the state ministers
for spatial planning was founded. Their decisions have self-binding
effects for the states.
Among the federal states there are considerable
differences with regard to the responsibility for Raumordnung
or rather for Landesplanung. At present the predominant departmental
assignment model is an independent ministry for planning and
For understanding the German planning system,
the most important German planning terms need to be explained.
The translation of these terms cannot be justified, otherwise
there would be a loss of conceptual substance. These terms
RAUM is any
part of the surface of the earth (area, district, land,
region, space, territory, zone)
real, existing, state/condition/situation
methodical planned activity
is the comprehensive, supra-local and subordinated planning
for the Ordnung and development of the Raum. While the
task of comprehensive spatial planning is cross-sectoral,
which means that particular sectoral criteria are not
prevailing, but are co-ordinated and balanced, sectoral
planning serves as the accomplishment of sectoral functions
only under sectoral criteria. Raumordnung is in addition
over and above the local authorities (supra-local). Raumordnung
is executed by the Bund and by the Laender.
is the Raumordnung carried out by the Bund.
is the Raumordnung carried out by the Laender.
is the Raumordnung in parts of the Laender.
is the two-phase urban development planning of the communities/municipalities.
is the preparatory land-use planning
is the legally binding land-use planning.
overview of planning legislation
The planning law in the FRG consists of the
Law of Raumordnung and of the Public Building Law.
The Law of Raumordnung is being composed
of the Federal Regional Planning Act – FRPA (Raumordnungsgesetz)
on the one hand and of the Acts of Raumordnung of the federal
states (Landesplanungsgesetze) on the other hand.
The first Raumordnungsgesetz was passed in
1965 by the Federation in its responsibility for the framework
legislation. This act obliges the federal states to draw up
comprehensive superordinated plans (Raumordnungsplaene). In
these plans the federal states have to fix objectives of the
Raumordnung which have to be observed by public planning authorities
(especially by the municipalities) in all spatially significant
planning procedures and measures. The present legally valid
version is dated 18th of August 1997.
On the basis of the Raumordnungsgesetz the
federal states passed their Landesplanungsgesetze in a different
build-up. The federal states amended these acts at different
times and in a different way.
The Public Building Law is being composed
of the Building Planning Law (Bauplanungsrecht) or one can
use the term Urban Planning Law (Staedtebaurecht) on the one
hand and of the Building Regulation Law (Bauordnungsrecht/Bauaufsichtsrecht)
on the other hand. Urban Land-Use Planning is in contrast
to the Raumordnung in compliance with Art. 74 No 18 of the
German constitution a part of the concurrent legislation competence.
As a result of this fact, the states have no competencies
for their own building and planning laws. Nevertheless, they
have their own building regulations (building regulation is
a part of the framework competence) which aim to ensure that
buildings are safe for users (Landesbauordnungen). These laws
are object-oriented and have no spatial-oriented contents.
The Urban Planning Law consists of the Federal
Building Code (FBC, Baugesetzbuch), the Federal Land Utilisation
Order (Baunutzungsverordnung with types of possible building
uses and more detailed information about the degrees of use)
and complementary statutory orders.
In 1986 the Federation passed the Federal
Building Code (its predecessor was the Federal Building Act
of 1960), which regulates the two-phase urban development
planning (Bauleitplanung). This law delegates the urban land-use
planning as a self-government function to the municipal level
(the actual version is dated 18th of August 1997).
The municipalities are required to take responsibility for
urban land-use planning. The decision as to what extent the
preparation of an urban land-use plan is “required”, is left
largely to the municipality itself and its own discretion
on planning matters under the rules of the FBC and co-ordinated
with the aims of regional planning.
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