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SEA Directive

Directive 2001/42/EC of the European Parliament and the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment defines environmental assessment as the preparation of an environmental report, the carrying out of consultations, the taking into account of the environmental report and the results of the consultations in decision-making and the provision of information on the decision in accordance with relevant provisions of the Directive. The Directive was to be transposed into national law by member states by 20th July 2004. In Germany, it was transposed by the EAG Bau (European Law Adaptation Act for the Construction Sector) for urban land-use planning and spatial planning and by the SUPG (Act on the Introduction of Strategic Environmental Assessment and Implementation of Directive 2001/42/EG) for other categories of planning.

The key elements in environmental assessment are the identification, description, and evaluation of the considerable environmental impacts that ensue from the implementation of planning. They include effects on biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape, and on interaction between the factors mentioned. An environmental report is required to provide more detailed information on environmental impacts. The pertinent public authorities are to be consulted on the extent and depth of environmental assessment. Furthermore, public authorities and the public at large are to be given the opportunity to state their views on the draft plan and on the accompanying environmental report. Both the environmental report and comments are to be taken into account in preparing and adopting the plan. Over and above this, environmental assessment has no binding effect. In Germany, environmental assessment is required for all spatial structure plans, and for preparatory and binding land-use plans.

Sectoral planning

Sectoral planning is the systematic preparation and execution of measures within one specific sector of public policy by the competent sectoral authority (federal or state ministry, local sectoral authorities or other bodies governed by public law). Sectoral planning is deemed to be spatially relevant when it directly or indirectly influences the development of spatial structures. Planning in the transport, energy, environmental, waste management, and water management sectors has a major impact on space, and is concerned particularly with public infrastructure projects (including roads, canals, airports, power lines, sewage plants, fortifications). Some sectoral planning also provides for the designation of protected areas to safeguard public interests. Particularly concerned are nature reserves, landscape and water conservation areas, restricted areas for military facilities, and building protection areas in the vicinity of airports and airfields. A legal basis has been created for each of these types of sectoral planning (e.g. Federal Highways Act, Federal Nature Conservation Act, the Federal Water Act), laying down the tasks and competencies of each authority and regulating planning approval procedure. The relevant legislation contains what are referred to as “spatial planning clauses” included with the purpose of safeguarding the requirements of federal and state spatial planning. The coordination of state and regional planning is indispensable, since sectoral planning generally goes beyond the territory of a single local authority, so that urban development planning can exert only limit influence.

Segregation

Suburbanisation is the process by which a population and jobs shift from the core city of an urban region to outlying areas. Suburbanisation has taken place in the major cities of the Western world in several waves since the 19th century. It is closely associated with shifts in transport modes from public transport to private motorisation and with sociospatial segregation processes. Owing to less dense land use in suburban residential, commercial, and industrial locations, suburbanisation exacerbates land consumption, urban sprawl, and the proliferation of private motorised transport. Whereas during the suburbanisation wave from about 1960 in western Germany the exodus of the urban population preceded the departure of commerce and industry from the core city, “catch-up” suburbanisation in East Germany from 1990 onwards was led by large-scale retail establishments before residential outmigration occurred. In recent decades, suburbanisation, especially as far as housing is concerned, has tended to shift to rural areas increasingly distant from cities. This process is termed “exurbanisation” or “periurbanisation”.

Self-development

Settlement activity should be part of the decentralized settlement pattern and is therefore a priority to focus on settlement areas and priorities. In contrast, the regional planning also defines communities in which, for specific reasons, especially out of respect for natural resources, no in-house development beyond settlement is to be held. This is the natural evolution of the population and the inner need to take into account that may arise in particular by improving the living conditions and living environment, the expansion of local companies and the development of technical and social infrastructure. No additional requirements for migration gains and for larger industrial estates may be under the self-development but not placed on the approach.

Service connection charges

Even if all other planning regulations are complied with, development projects can be permitted only where there is certainty that the site will be properly serviced and integrated by the provision of the necessary public infrastructure. The infrastructure required includes roads and utilities (electricity, water, sewage). Responsibility for the provision of the necessary infrastructure rests with the municipality. This financial burden on municipalities is eased by service connection charges payable by property owners to share the cost of land improvement for initial provision, particularly of vehicular and pedestrian infrastructure (roads, pathways, squares). The Federal Building Code does not provide for property owners to bear any of the costs of servicing the land, i.e., connecting it to utilities; this may, however, be required under state  egislation. Under section 124 of the Federal Building Code, the municipality may contract out land improvement to third parties.

Settlement structure

Spatial structure results from the interplay of the entire range of factors which impact on the conditions which exist within an area, i.e., natural and administrative/political circumstances, places of work and housing, transport infrastructure, and leisure and recreational facilities. Spatial structure thus emerges out of the totality of conditions affecting living and working in the territory; to a great extent, these conditions are interdependent, thus influencing the development or structure of the area. Settlement structure is the quantitative and qualitative pattern of distribution of housing, places of work, and infrastructure within a certain area. The two terms are often combined to form a dual concept, “spatial and settlement structure”.

Site occupancy index

The main purpose of stipulating the density of built use or degree of building coverage is to stipulate the density of development and the construction height of physical structures, and the proportion of a development site which may be built on. The density of built use can be determined by including stipulations on
• the site occupancy index or plot coverage rate,
• the floor-space index or floor area,
• the cubing ratio or building volume,
• the number of full storeys
• the height of physical structures.

The site occupancy index is the ratio of the actual surface area of a plot to permissible coverage. It is expressed as a simple ratio of built surface area to site area. This value makes it possible to calculate the proportion of the surface area of a development site which may be covered. The floor-space index indicates the relationship between the total floor space of all of the storeys in a building and the size of the development site. The total floor space is calculated on the basis on the external dimensions of all full storeys; i.e., it includes external and internal walls and stairways, although exceptions are possible for certain types of physical structure and sections of buildings.

The cubing ratio indicates the maximum volume of buildings per square metre of plot area. It is calculated on the basis of the external dimensions of buildings from the floor of the lowest full storey to the ceiling of the uppermost full storey. In respect of industrial, commercial and special-use areas, planning designations may be made without the need for details on the number of storeys. Depending on the building use category, the Land Utilisation Ordinance sets limits to the site occupancy index, floorspace index, and cubing ratio, which may for specific reasons be exceeded.
When the degree of building coverage is set in a binding land-use plan, the site occupancy index or the proportion of the site to be covered by physical  tructures must always be stated; the number of full storeys and the height of construction need to be set if failure to do so might be detrimental to the public interest, and especially to the appearance of the locality or landscape.

Smallholding area

The Land Utilisation Ordinance classifies types of building use.
It distinguises two categories:
First, land-use areas for general types of use:
• housing land
• mixed building land
• industrial and commercial land
• special building land

This rough classification is to be used only in the preparatory land-use plan.
Second, land-use areas for specific types of building use:
• small holding areas
• purely residential areas
• general residential areas
• special residential areas
• village areas
• mixed areas
• core areas
• commercial areas
• industrial areas
• special areas.

These specific land-use areas can be designated in both the preparatory and the binding land-use plan and are finergrained and more detailed categories.
The Land Utilisation Ordinance defines all the above development areas and provides details on what building projects and facilities are permitted.

Social infrastructure

Infrastructure is the totality of material, institutional, and personnel facilities and factors contributing to the functioning of the economy (firms, households, public authorities). It consists of generally available, necessary preparatory input and services for production and consumption, provided partly by the public sector. “Technical infrastructure” includes facilities for traffic and transport, energy, water, waste management, and communications. “Social infrastructure” includes facilities for education, culture, health, recreation and leisure.

In a broader sense, one can also speak of immaterial infrastructure, meaning people's performance potential in an economy ("human capital"). Since, in many cases, infrastructure yields no direct profits but provides the basis for profit-oriented, economic activities, its provision and maintenance is traditionally regarded as a task of government. Since the 1990s, much public infrastructure has been privatised, although government has mostly retained its planning powers. The provision of infrastructure is a necessary but not sufficient condition for the economic development of regions. The comprehensive provision of essential infrastructure for all sections of the population is a political objective which demands governmental co-financing even in privatised markets. In periods of growth or shrinkage, the infrastructure needs to be adapted to the changing needs of the population.

Socially Integrative City

The “Socially Integrative City” is a programme launched by the federal and state governments in 1999 to tackle problems in deprived urban districts or in other areas of the municipal territory with special development needs. The overriding objective is to improve living conditions in districts with high  oncentrations of social and economic deprivation.
Strategic lower-order goals include bundling human and material (investment and noninvestment) resources, activating and involving local residents and other local actors, and establishing and testing suitable new management systems and organisational structures. Local initiatives in the fields of employment, cultural and social work are given priority support. Within the neighbourhood concerned, special emphasis is placed on district or neighbourhood management. New organisational structures are tested, which develop complex, neighbourhoodrelated programmes and bundle existing resources, which include funding from other programmes, from the EU, from other policy areas, and from private actors.
Neighbourhood management contributes to strengthening communicative structures and tests new, “integrated” forms of policy at the local level. Given the favourable feedback from urban districts, the federal/state programme “Socially Integrative City” is regarded as a promising advance in urban development. In 2004 it was included in Federal Building Code under special urban planning legislation. Local authorities can now designate areas for “Socially Integrative City” support by simple resolution. The basis is provided by an local development concept prepared by the municipality with the collaboration of the affected parties, public authorities, and other public agencies. The concept must state in writing what goals and measures are to be pursued in the area in question.

Socially-just land use

On the basis of the Federal Building Code, local authorities undertake development planning in the form of urban land-use planning on their own responsibility (local planning autonomy). The function of urban land-use planning is to prepare and organise the use of plots within the municipal territory for building and other purposes in accordance with the Federal Building Code.
Land-use plans drawn up by local authorities are to safeguard sustainable urban development and a socially equitable utilisation of land for the general good of the community, and to secure a more humane environment, and to protect and develop natural resources. Land-use planning “dedicates” land for specific uses (e.g., housing, commerce, public amenities). It may also lay down restrictions (e.g., maximum lot coverage, maximum number of storeys, etc.), obligations (e.g., housing for specific categories of person), and requirements with respect to the implementation of the use in question (e.g., noise control, greenery).
Urban land-use planning is a two-stage process involving two types of plan:
• the preparatory landuse plan (Flächennutzungsplan, FNP)
• the binding land-use plan (Bebauungsplan).

The preparatory land-use plan provides the framework for preparing binding land-use plans The two types of plan differ essentially as regards spatial scope, detail, legal form, and legal effects. Otherwise there are governed by largely similar rules, especially with respect to planning principles and procedures for plan preparation.
The Federal Building Code and the Federal Spatial Planning Act require local planning authorities to ensure that land-use plans conform with the goals of spatial planning. The Federal Building Code thus takes account of the functional dovetailing of state or regional planning and urban land-use planning. At the same time, the importance of state and regional planning in setting the framework for urban land-use planning is stressed.

Soil conservation

Soil conservation includes all activities for conserving and protecting soils and soil functions under the general heading of nature conservation and environmental protection. The soil, which has to be regarded as the basis for all life and as an integral component of the natural environment, is threatened by a multitude of factors, e.g. the extraction of raw materials, land take, surface sealing, compaction, erosion and contamination by harmful substances. Special care needs to be taken to give the soil the protection it requires. The Federal Soil Protection Act aims to provide long-term protection for soil functions, and to restore these functions where they have been impaired. The Act includes provides for
• the prevention of harmful changes to the soil,
• the remediation of soil and contaminated sites, and of consequently contaminated water, and
• precautionary measures to avert adverse impacts on soil.

Under the Act, soil polluters and landowners can be required to take preventive measures and remediate contaminated sites. The pertinent provisions determine the parties responsible for remediation, define the powers of the public authorities, and regulate remediation planning.

Spatial development

View in Compendium

“Raumordnung” (translated in the glossary as “spatial planning”), “Raumentwicklung” (spatial development), and “Raumplanung” (also literally spatial planning) are closely related concepts denoting deliberate human intervention in the development of an area (or “space”). The traditional term “Raumordnung” refers to the comprehensive, supra-local and superordinate tier of planning the structure and development of space. The attribute “comprehensive” emphasises the function of coordinating and harmonising those elements of the various types of sectoral planning which have spatial impacts. “Supra-local” indicates that the territory affected by this tier of planning extends beyond the boundaries and jurisdictions of local authorities. The “superordinate” character of spatial planning is a reflection of the power of central government to play an all-embracing and co-ordinating role with regard to planning by virtue of its sovereign powers for the entire national territory. As a consequence, all public planning authorities are subject to government authority and are thus bound by state spatial planning. “Raumentwicklung,” translated as “spatial development” has for some time now been used in place of “Raumordnung“ (e.g. European Spatial Development Concept). The more strongly formative, dynamic nature of the development concept is intended to underline that more than an “ordering” function is involved. In general usage, the term “Raumplanung,” also translated as spatial planning, refers quite broadly to the various actions taken within a particular territory with the purpose of affecting or influencing the spatial development of the community, of industry and commerce, and of the natural, built and social environment.
From the point of view of German planning law and administration, “Raumplanung” is the cover term which embraces three tiers of supra-sectoral planning: federal spatial planning (Bundes-Raumordnung); state spatial planning (Landesplanung), which includes regional planning (Regionalplanung); and urban land-use planning (Bauleitplanung). Taken together, these three planning tiers constitute a coherent spatial planning system. The supra-sectoral and co-ordinating remit which is a central aspect of the planning system means that “Raumplanung” has to be seen as legally, organisationally and materially distinct from spatially relevant sectoral planning.

Spatial development plan

The spatial structure plan is the key planning instrument in state spatial planning. The term is an umbrella for various plans and types of plan at the federal und state level. It covers both plans covering the entire territory of a state (referred to variously as state development plans, state spatial planning programmes, state development programmes, etc.) and regional plans for defined regions within a state (regional plans or regional spatial structure plans).
Under the Federal Spatial Planning Act, states are required to draw up comprehensive, superordinate plans for their territory. States whose territory encompasses the catchment areas of a number of highorder centres are required to prepare regional plans. The states of Berlin, Bremen, and Hamburg are not required to draw up spatial structure plans. In these city-states, a preparatory land-use plan (PLUP) can assume the function of a spatial structure plan. The federal state was also entitled to regulate the German Exclusive Economic Zone (EEZ). Planning targets and principles for the EEZ relate to economic activities and scientific research, safety and efficiency of shipping and protection of the marine environment. In textual and graphic form spatial structure outline the spatial structures and development in pursuance of spatial planning goals. Principles of spatial planning can also be laid down that supplement and detail the provisions of the Federal Spatial Planning Act in keeping with the guideline of sustainable spatial development for the given planning area.

Spatial impact

The panoply of legal foundations governing planning is usually divided into two categories: general planning law (planning and building law), and sectoral planning law. Planning and building law contains provisions dealing with both cross-sectoral, mostly coordinating planning and with building. Sectoral planning law regulates the functions and responsibilities of sectoral authorities, and, in particular, formal planning approval procedures for installations or structures planned and realised by these authorities. Planning and building law includes spatial planning law and public building law. Spatial planning law governs comprehensive (i.e. suprasectoral) spatial planning beyond urban land-use planning at the federal, state and regional levels. One of the purposes of spatial planning law is to set principles and goals for structuring and developing an area, and for implementing such projects. It also coordinates the measures of spatial planning bodies. Planning with an impact on spatial structures include spatial structure plans, projects and other measures by means of which land is used or the spatial development or function of an area is influenced, including the use of earmarked public funds.

More specifically, spatial planning law is laid down:
• as federal spatial planning by the Federal Spatial Planning Act,
• as state and regional planning by the Federal Spatial Planning Act and, in particular, by state spatial planning acts.

Public building law can be divided into planning law (urban development law) and building regulations (building control law). Whereas planning law is governed by federal legislation, building regulations are governed by state legislation.

Spatial impact assessment procedure (Raumordnungsverfahren)

Übersetzt mit "spatial planning procedure": Spatial planning procedure is a state procedure for coordinating planning and measures and bringing them into line with the requirements of comprehensive spatial planning. Spatial planning procedures assessed the locational compatibility of a particular plan or measure and determines

  • whether spatially relevant plans or measures are in accordance with the requirements of spatial policy,
  • in which way spatially relevant plans and measures can be harmonized or carried out in conformity with spatial planning policy (regional impact assessment).

By way of ordinance and with the approval of the Bundesrat, the federal government has stipulated which plans and measures require a spatial planning procedure to be carried out, in so far as they have spatial and supralocal impacts.

The ordinance in question is the Spatial Planning Ordinance (RoV) of 18.08.1997.

Spatial observation

Übersetzt mit "spatial monitoring": Spatial monitoring is the indicator-based, on-going, systematic, and comprehensive identification and description of spatial structural developments in such fields as demography, the economy, the labour market, agriculture, tourism, and the environment. As a basis for planning, spatial monitoring is an important and permanent task both at the national level (on-going spatial monitoring by the Federal Office for Building and Regional Planning (BBR) and by most state and regional planning authorities. It provides planning bodies with early information on spatial processes affecting planning and on the effectiveness of measures that are already running.
Spatial monitoring addresses spatial policy and planning issues on the basis of regional statistics and area-related data. The results of spatial monitoring are presented in maps and diagrams, and increasingly in the form of digital spatial planning registers.

Spatial planning

View in Compendium

“Raumordnung” (translated in the glossary as “spatial planning”), “Raumentwicklung” (spatial development), and “Raumplanung” (also literally spatial planning) are closely related concepts denoting deliberate human intervention in the development of an area (or “space”). The traditional term “Raumordnung” refers to the comprehensive, supra-local and superordinate tier of planning the structure and development of space. The attribute “comprehensive” emphasises the function of co-ordinating and harmonising those elements of the various types of sectoral planning which have spatial impacts. “Supra-local” indicates that the territory affected by this tier of planning extends beyond the boundaries and jurisdictions of local authorities. The “superordinate” character of spatial planning is a reflection of the power of central government to play an all-embracing and co-ordinating role with regard to planning by virtue of its sovereign powers for the entire national territory. As a consequence, all public planning authorities are subject to government authority and are thus bound by state spatial planning. “Raumentwicklung,” translated as “spatial development” has for some time now been used in place of “Raumordnung“ (e.g. European Spatial Development Concept). The more strongly formative, dynamic nature of the development concept is intended to underline that more than an “ordering” function is involved. In general usage, the term “Raumplanung,” also translated as spatial planning, refers quite broadly to the various actions taken within a particular territory with the purpose of affecting or influencing the spatial development of the community, of industry and commerce, and of the natural, built and social environment.

From the point of view of German planning law and administration, “Raumplanung” is the cover term which embraces three tiers of supra-sectoral planning: federal spatial planning (Bundes-Raumordnung); state spatial planning (Landesplanung), which includes regional planning (Regionalplanung); and urban land-use planning (Bauleitplanung). Taken together, these three planning tiers constitute a coherent spatial planning system. The supra-sectoral and co-ordinating remit which is a central aspect of the planning system means that “Raumplanung” has to be seen as legally, organisationally and materially distinct from spatially relevant sectoral planning.

Spatial planning contract

A spatial planning contract is a coordination tool for balancing spatial planning requirements between state governments and one or more municipalities or between different municipalities. Spatial planning contracts provide a binding basis for preparing and implementing spatial structure plans and regional development strategies in harmony with local interests. Such contracts do not replace existing spatial planning tools but complement them in specific task areas where cooperation is paramount (cf. Article 13 ROG). The entire spectrum of spatial planning can be the subject of spatial planning contracts, but in practice the focus is on implementation aspects. For example, cooperation between municipalities in city networks is regulated by contract. Depending on the type of plan involved, contracts are referred to as state spatial planning contracts (landesplanerische Verträge) or regional planning contracts (regionalplanerische Verträge).

Spatial planning law (Raumordnungsrecht)

The panoply of legal foundations governing planning is usually divided into two categories: general planning law (planning and building law), and sectoral planning law. Planning and building law contains provisions dealing with both cross-sectoral, mostly coordinating planning and with building. Sectoral planning law regulates the functions and responsibilities of sectoral authorities, and, in particular, formal planning approval procedures for installations or structures planned and realised by these authorities. Planning and building law includes spatial planning law and public building law. Spatial planning law governs comprehensive (i.e. suprasectoral) spatial planning beyond urban land-use planning at the federal, state and regional levels. One of the purposes of spatial planning law is to set principles and goals for structuring and developing an area, and for implementing such projects. Ita lso coordinates the measures of spatial planning bodies.
Planning with an impact on spatial structures include spatial structure plans, projects and other measures by means of which land is used or the spatial development or function of an area is influenced, including the use of earmarked public funds.
More specifically, spatial planning law is laid down:
• as federal spatial planning by the Federal Spatial Planning Act,
• as state and regional planning by the Federal Spatial Planning Act and, in particular, by state spatial planning acts.

Public building law can be divided into planning law (urban development law) and building regulations (building control law). Whereas planning law is governed by federal legislation, building regulations are governed by state legislation.

Spatial Planning Policy Guidelines

The Spatial Planning Policy Guidelines and the Framework for Action in Spatial Planning Policy are federal action plans.
The Spatial Planning Policy Guidelines were drawn up in 1993 by the then Federal Ministry for Regional Planning, Building and Urban Development (now the Federal Ministry of Transport, Building and Urban Development) in collaboration with the states in the context of the Conference of Ministers for Spatial Planning. It formulates five guiding principles for spatial development and a strategy for the whole of Germany, include the European frame of reference. The guidelines seek to promote equivalent living conditions throughout the country and integrate the fundamentally altered situation in Europe (completion of the internal market, the opening up of Eastern Europe) in a model for spatial development. Polycentric spatial and settlement structures are to be safeguarded and developed, and natural resources protected.
The Framework of Action in Spatial Planning Policy, which works out the guidelines in detail, was adopted by the Conference of Ministers for Spatial Planning (MKRO) in 1996 as a medium-term working and action programme with 10 specific bundles of measures. The topics it addresses include regional development concepts, city networks, European metropolitan regions, strategies for structurally weak rural areas, and cross-border cooperation. The Spatial Planning Policy Guidelines and Framework for Action in Spatial Planning Policy have made important contributions to spatial development in Germany and Europe.
Since the conditions for spatial development change, guidelines and frameworks for action are constantly updated. For instance, in June 2006 the Conference of Ministers for Spatial Planning adopted the “Guiding Principles and Strategies for Spatial Development in Germany”, setting new priorities in spatial planning for the coming years.

Spatial planning programme

State development plans outline the desired spatial and structural development for the territory of the state. The name given such plans varies from state to state. They are termed state development plan (Landesentwicklungsplan), state spatial planning programme (Landesraumordungsprogramm), state development programme (Landesentwicklungsprogramm), etc. Plans for subdivisions of states (regions) are referred to as regional spatial structure plans (regionaler Raumordungsplan) or regional plans (Regionalplan) (regional plan).
Procedures for preparing spatial structure plans and their content differ widely from state to state. In 1998, the Federal Spatial Planning Act therefore laid down general rules for state development plans. For instance, they are required to address settlement and open-space structures and infrastructure, and sectoral planning in the fields of the environment, transport, and pollution control.

Spatial structure type

Spatial categories (spatial order categories, area types) are areas defined in terms of specific criteria in which comparable structures exist and where similar spatial planning goals are pursued. Spatial categories can be defined in terms of settlement structure, quality, or potential. There is no binding set of area types. Comprehensive spatial planning and state spatial planning define them for their own purposes. The administrative borders of territorial authorities (municipalities or counties) are generally taken, although more recent models use geographically more precise boundaries. The most important defining criteria are population density, centrality, and location. The numbers and names of categories vary.

In settlement structure approaches, for example, the spectrum runs from metropolitan area (agglomeration, conurbation) to rural area (sparsely populated region). Problemoriented approaches make use of spatial categories like “growth region” (area with good development prospects) or “structurally weak area” (region with adverse economic development).
(adapted from BBR 2005: 15 ff, 175 ff; ARL 2003 and Gruber 1995: 357 ff.)

Spatially-relevant sectoral planning

Sectoral planning is the systematic preparation and execution of measures within one specific sector of public policy by the competent sectoral authority (federal or state ministry, local sectoral authorities or other bodies governed by public law). Sectoral planning is deemed to be spatially relevant when it directly or indirectly influences the development of spatial structures. Planning in the transport, energy, environmental, waste management, and water management sectors has a major impact on space, and is concerned particularly with public infrastructure projects (including roads, canals, airports, power lines, sewage plants, fortifications). Some sectoral planning also provides for the designation of protected areas to safeguard public interests. Particularly concerned are nature reserves, landscape and water conservation areas, restricted areas for military facilities, and building protection areas in the vicinity of airports and airfields. A legal basis has been created for each of these types of sectoral planning (e.g. Federal Highways Act, Federal Nature Conservation Act, the Federal Water Act), laying down the tasks and competencies of each authority and regulating planning approval procedure. The relevant legislation contains what are referred to as “spatial planning clauses” included with the purpose of safeguarding the requirements of federal and state spatial planning. The coordination of state and regional planning is indispensable, since sectoral planning generally goes beyond the territory of a single local authority, so that urban development planning can exert only limit influence.

Special residential area

The Land Utilisation Ordinance classifies types of building use.
It distinguises two categories:
First, land-use areas for general types of use:
• housing land
• mixed building land
• industrial and commercial land
• special building land

This rough classification is to be used only in the preparatory land-use plan.
Second, land-use areas for specific types of building use:
• small holding areas
• purely residential areas
• general residential areas
• special residential areas
• village areas
• mixed areas
• core areas
• commercial areas
• industrial areas
• special areas.

These specific land-use areas can be designated in both the preparatory and the binding land-use plan and are finergrained and more detailed categories.
The Land Utilisation Ordinance defines all the above development areas and provides details on what building projects and facilities are permitted."

Special Urban Development Law

View in Compendium

In keeping with European law, public contracts are awarded in accordance with differentiated statutory regulatory regimes. This is also the case with regard to planning services. These regimes include the Contracting Procedures for Building Works (VOB), the Contracting Procedures for Services (VOL), the Contracting Procedures for Professional Services (VOF), the Regulation of the Award of Public Contracts (VgV), and the Fee Schedule for Architects and Engineers (HOAI). The VOB regulates contracting for building services. Building services are works of every type by which a physical structure or installation is produced, maintained, altered, or removed. Planning service contracts, in contrast, are mostly awarded in accordance with the VOF or VOL. The VOF (Contracting Procedures for Professional Services) applies with respect to contracts for services rendered in the course of independent professional activities or offered in competition with free-lance professionals.

The VOF applies when the contract value reaches or exceeds a certain level. The VOL (Contracting Rules for Services) applies with regard to supplies and services that are not within the ambit of the VOB or the VOF. They are also applicable for services rendered by freelance professionals or in competition with such and which involve tasks which cannot be unambiguously and exhaustively specified in advance, and when the threshold contract values laid down by the Regulation on the Award of Public Contracts are reached or exceeded. The Regulation on the Award of Public Contracts 2003 contains a number of provisions on the procedure to be followed in awarding and reviewing public contracts over the threshold values in Europe-wide contracting. The regulation obliges the contracting authority to apply the procedure above a certain contract value. The Fee Schedule for Architects and Engineers (HOAI) governs the remuneration of architectural and engineering services. It contains rules on calculating fees on the basis of basic services and special services.

Stipulations

The Federal Ministery for Spatial Planning, Building and Urban Development has issued an ordinance on the utilisation of land for building (Land Utilisation) pursuant to the Federal Building Code regulating the use of land for building purposes. This ordinance is the most important element in German building and planning law. It regulates the representation and designation of building use categories, the density of built use, methods and design, and permissible lot coverage. It thus supplements the provisions of the Federal Building Code on urban land-use planning and building permission.

Strategic Environmental Assessment

Directive 2001/42/EC of the European Parliament and the Council of June 27th 2001 on the assessment of the effects of certain plans and programmes on the environment defines environmental assessment as the preparation of an environmental report, the carrying out of consultations, the taking into account of the environmental report and the results of the consultations in decision-making and the provision of information on the decision in accordance with relevant provisions of the Directive. The Directive was to be transposed into national law by member states by July 20th 2004. In Germany, it was transposed by the EAG Bau (European Law Adaptation Act for the Construction Sector) for urban land-use planning and spatial planning and by the SUPG (Act on the Introduction of Strategic Environmental Assessment and Implementation of Directive 2001/42/EG) for other categories of planning.

The key elements in environmental assessment are the identification, description, and evaluation of the considerable environmental impacts that ensue from the implementation of planning. They include effects on biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape, and on interaction between the factors mentioned. An environmental report is required to provide more detailed information on environmental impacts. The pertinent public authorities are to be consulted on the extent and depth of environmental assessment. Furthermore, public authorities and the public at large are to be given the opportunity to state their views on the draft plan and on the accompanying environmental report. Both the environmental report and comments are to be taken into account in preparing and adopting the plan. Over and above this, environmental assessment has no binding effect. In Germany, environmental assessment is required for all spatial structure plans, and for preparatory and binding land-use plans.

Strategic planning

View in Compendium

Many cities face planning tasks of unaccustomed dimensions owing to economic and societal structural change. These new challenges have affected not only concepts but also methods in urban planning. The planning hierarchy of classical urban land-use planning has given way to informal and strategic approaches. The classical tools are no longer expected to perform a general lead function in restructuring. In many places it has been superseded by “strategic planning,” under which objectives are progressively implemented through sets of measures at various levels of planning and over various time horizons. The scope of strategic plans varies and they combine planning steps on several levels. The present concentration of urban development processes on strategically important projects results from the experience that comprehensive, hierarchical planning in successive, chronological steps cannot do justice to current requirements and conditions. From a strategic point of view, simultaneity and interaction between concept and project development are important. This means that guiding concepts and projects are interdependent, can be both consequence and cause. Especially when public finances are tight, it has proved necessary to set clear temporal and spatial priorities for the implementation of planning concepts.

Structure for settlements and open spaces

Spatial structure results from the interplay of the entire range of factors which impact on the conditions which exist within an area, i.e., natural and administrative/ political circumstances, places of work and housing, transport infrastructure, and leisure and recreational facilities. Spatial structure thus emerges out of the totality of conditions affecting living and working in the territory; to a great extent, these conditions are interdependent, thus influencing the development or structure of the area. Settlement structure is the quantitative and qualitative pattern of distribution of housing, places of work, and infrastructure within a certain area.

The two terms are often combined to form a dual concept, “spatial and settlement structure”.; reiraumstruktur: The term open-space structure refers to the quantitative and qualitative pattern or distribution of land uses and functions in a near-natural state. It is one of the principles of spatial planning (Federal Spatial Planning Act – Section 2 (2) No.3) that the openspace structure of the national territory be protected and developed. The importance of open spaces for productive land use, the water balance, fauna and flora and for the climate is to be guaranteed or their function restored.
Provision is to be made for economic and social uses of open spaces by taking their ecological functions into consideration. The designation of biosphere reserves and the concept of habitat network systems are ways to conserve open space structure. (ARL 2003)

Subsidiarity

Subsidiarity is a socio-political principle, should take after the higher authorities (such as the Federal Government) only in those services, their perception of subordinate bodies (for example, the countries or communities) are not able to. According to this principle, the report also enshrined in the Maastricht Treaty, should also be the performance of duties in the European Union.

Subsidy programme

A subsidy programme is a public sector measure for the financial support of specific projects. There are numerous development programmes in a wide range of areas. A distinction can be made in spatial planning between support for urban areas and regional aid. There are not only EU development programmes but also federal, state, and joint federal/state programmes. EU programmes include URBAN/URBAN II (aid for neighbourhoods in crisis) and the EFRE structural fund (European Fund for Regional Development: for the development of disadvantaged regions) and ESF (European Social Fund). The federal government and state governments provide assistance under the joint programme “Improvement of Regional Economic Structures” and through urban development promotion. State government aid includes local investment funds and the promotion of infrastructure. The federal/state Reconstruction Loan Corporation (Kreditanstalt für Wiederaufbau – KfW) provides aid in many areas including the development of local infrastructure and housing modernisation.

Suburbanisation

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Suburbanisation is the process by which a population and jobs shift from the core city of an urban region to outlying areas. Suburbanisation has taken place in the major cities of the Western world in several waves since the 19th century. It is closely associated with shifts in transport modes from public transport to private motorisation and with socio-spatial segregation processes. Owing to less dense land use in suburban residential, commercial, and industrial locations, suburbanisation exacerbates land consumption, urban sprawl, and the proliferation of private motorised transport. Whereas during the suburbanisation wave from about 1960 in western Germany the exodus of the urban population preceded the departure of commerce and industry from the core city, “catch-up” suburbanisation in East Germany from 1990 onwards was led by large-scale retail establishments before residential outmigration occurred. In recent decades, suburbanisation, especially as far as housing is concerned, has tended to shift to rural areas increasingly distant from cities. This process is termed “exurbanisation” or “peri-urbanisation”.

Suitable area for development

The designation of certain sites outside the areas covered by a binding land-use plans as areas suitable for development is a means of exerting control over spatially relevant development measures (spatially relevant projects, plans and measures) in what in planning law is termed the outer zone by declaring certain areas within a region as suitable areas for certain types of development.
The implication of such a designation is that such measures will in general not be permitted outside these areas. This is the case for privileged undertakings in the outer zone, e.g., the planning and construction of wind farms. The designation of certain areas as suitable areas for development invokes the legally binding force of spatial planning goals. In this, suitable development areas differ from priority and reserve areas, where a certain use is granted privileged status over others without being prohibited outside the designated area. For details priority area.

Supra-local

“Raumordnung” (translated in the glossary as “spatial planning”), “Raumentwicklung” (spatial development), and “Raumplanung” (also literally spatial planning) are closely related concepts denoting deliberate human intervention in the development of an area (or “space”).
The traditional term “Raumordnung” refers to the comprehensive, supra-local and superordinate tier of planning the structure and development of space. The attribute “comprehensive” emphasises the function of coordinating and harmonising those elements of the various types of sectoral planning which have spatial impacts. “Supra-local” indicates that the territory affected by this tier of planning extends beyond the boundaries and jurisdictions of local authorities. The “superordinate” character of spatial planning is a reflection of the power of central government to play an allembracing and co-ordinating role with regard to planning by virtue of its sovereign powers for the entire national territory. As a consequence, all public planning authorities are subject to government authority and are thus bound by state spatial planning.

Sustainability

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In conceptual terms, the principle of (ecological) sustainability in both the Federal Nature Conservation Act and the Federal Forestry Act means that natural resources should be used and managed only in a manner which leaves the capacity of ecosystems undepleted for future generations. Since the 1992 environmental summit in Rio de Janeiro, the principle has often been linked with the concept of “development.” The expansion of the sustainability concept to one of “sustainable development” is directed in more general terms towards balanced development (taking equal account of economic, social, and environmental aspects) and towards long-term development in all areas of life (thus conserving resources). The Federal Spatial Planning Act sees sustainable spatial development as the key guideline and substantive vision for spatial planning in Germany. The social and economic demands made on an area and its ecological functions are to be harmonised so as to establish sustainable, comprehensive order throughout the area in question.

Sustainable development

In conceptual terms, the principle of (ecological) sustainability in both the Federal Nature Conservation Act and the Federal Forestry Act means that natural resources should be used and managed only in a manner which leaves the capacity of ecosystems undepleted for future generations. Since the 1992 environmental summit in Rio de Janeiro, the principle has often been linked with the concept of “development.” The expansion of the sustainability concept to one of “sustainable development” is directed in more general terms towards balanced development (taking equal account of economic, social, and environmental aspects) and towards longterm development in all areas of life (thus conserving resources). The Federal Spatial Planning Act sees sustainable spatial development as the key guideline and substantive vision for spatial planning in Germany. The social and economic demands made on an area and its ecological functions are to be harmonised so as to establish sustainable, comprehensive order throughout the area in question.