Note: In the following text, the City of Aachen aims to summarize the essential, primarily legal, framework conditions for urban land-use planning. The aim is to present the complex regulations in a way that is understandable for interested non-experts, i.e. to make a contribution to public information. These explanations cannot claim to be a complete presentation of the legal regulations. Only the regulations in the Federal Building Code and the supplementary legal norms are legally relevant.
A development plan makes stipulations for the structural and other use of its area of application, a defined part of Aachen's urban area.
As a binding urban land-use plan, it is generally based on the more general representations of the land-use plan.
The stipulations of the development plan are legally binding for everyone - in contrast to the representations of the land use plan, which are predominantly only binding for authorities.
Development plans are adopted as statutes by the Aachen City Council.
They can also form the basis for further procedures in accordance with the BauGB and other legal standards. Examples from the BauGB include the right of first refusal (§§24ff. BauGB), reallocation (§§45ff. BauGB) or the levying of development charges and, in extreme cases, expropriation (§§85ff.).
At the same time, development plans provide a direct assessment standard for the permissibility of construction projects, for example the construction of a residential building.
Development plans are often based on urban development concepts developed from framework plans, competitions or other procedures.
Legal basis
The purpose, content and procedure for drawing up, amending and revoking the development plan are set out in the Federal Building Code (BauGB) and are binding throughout Germany. Sections 8-13a BauGB are explicitly dedicated to the development plan, while other provisions can be found in sections 1-13a BauGB.
Contents
The possible contents of a development plan are conclusively defined in §9 BauGB. Regulations can only be made for urban development reasons.
Examples of possible contents according to §9 BauGB are
- For residential and commercial areas as well as other types of areas: Type and extent of building use as well as buildable land areas: as a property owner, where am I allowed to build what and how?
- Areas for public use (e.g. schools)
- Traffic areas
- Supply and disposal areas
- Public and private green spaces
- Areas for protection against harmful environmental impacts (e.g. noise protection measures)
- Water surfaces
- Agriculture and forest
- Measures and areas for the protection, maintenance and development of nature and landscape
As a rule, development plans are developed from the land use plan. This means that the statements in a development plan refine the more detailed statements in the land use plan. In some cases, the land use plan must be amended in parallel with the creation or amendment of a development plan (parallel procedure).
Development plans are not drawn up for the entire urban area, but only for defined areas of application "as and when" required (Section 1 (3) sentence 1). In areas without a qualified development plan (reference), §34 BauGB applies in the built-up inner area and §35 BauGB in the outer area.
Types of development plans
Development plans can be drawn up for very different planning areas, so that development plans are also designed very differently within a municipality.
Development plans can thus be used for
- New development areas with comprehensive planning statements or
- for the re-planning of already built-up areas with different levels of detail, from a complete re-planning to, for example, a purely textual definition of types of use.
In rare cases, development plans can also be drawn up for areas that are not to be built on at all, but only have non-building objectives such as open spaces.
At the same time, development plans can be differentiated according to their legal effects.
- A "qualified development plan" contains, as a minimum, stipulations on the type and extent of building use, the areas of land that can be built on and the local traffic areas. In addition to the development and, if applicable, other building regulations such as supplementary bylaws, it is the only yardstick for the permissibility of a building project under planning law. Such a development plan is generally required for new development areas.
- A "simple development plan" does not contain all the provisions required for a qualified development plan. Here, further legal regulations must be observed to assess the permissibility of projects, for example the provisions for built-up inner areas in accordance with Section 34 BauGB or the outdoor area in accordance with Section 35 BauGB.
- A "project-related development plan" in accordance with Section 12 BauGB is a special case that is developed specifically for a certain project by the developer (investor) in consultation with the City of Aachen and is usually also implemented by this developer. It can contain content that goes beyond the canon of Section 9 BauGB. However, the decision on the plan and its lawful implementation are also the responsibility of the City Council of Aachen. An integral part of the plan is a contract on the implementation of the project, in which further content can also be regulated.
A development plan can also be supplemented by an urban development contract in which further content is bindingly regulated between the city and the developer.
There is also the option of shortening the procedure for some plan contents in order to speed up the planning process:
- The simplified procedure in accordance with Section 13 BauGB: If the urban land-use plan or its amendment or revocation does not result in any significant changes to the existing permissibility of projects and no serious effects on the environment are to be expected (and some other criteria are met), individual procedural steps can be dispensed with. This applies to the first stage of public and authority participation as well as the possible waiver of an environmental assessment and environmental report.
- Inner development plans in accordance with Section 13a BauGB: This instrument was introduced to simplify inner development (as the opposite of the use of greenfield sites). Under certain criteria, the provisions of the simplified procedure can be applied here. In addition, measures are not counted as interventions in nature and the landscape and therefore do not have to be compensated.
Components
As a rule, a development plan consists of graphic and written specifications. These stipulations are explained in an explanatory memorandum including a detailed environmental report. In special situations, development plans can be limited to graphic or written specifications. The explanatory statement including the environmental report is required in all cases.
Procedure
The steps involved in drawing up or amending the land use plan do not differ significantly from the development plan procedures.
Two important differences relate to formal points: The development plan is adopted by the city council as a statute. This expresses the higher legal effect on everyone. In addition, approval of the development plan is generally not subject to approval by the "higher administrative authority" (Cologne district government).
Resolution on the preparation of plans, change ban and permissibility of projects during preparation
As a rule, only a development plan adopted by the city council as a statute has legal effect.
There are two cases in which this can be deviated from:
- Deferral and change ban: The City of Aachen receives a building application that contradicts the urban planning objectives of the City of Aachen, but would otherwise have to be approved. The city first has the option of provisionally deferring this planning application (§15 BauGB). It can then decide to draw up a development plan for the area in question. This decision to draw up a development plan must then be published and a change ban for the duration of the drawing up of the development plan must be adopted and also published (Section 14 BauGB). No construction projects may be carried out in the designated area for a certain period of time.
- Early admissibility: If a building application is received shortly before the formal conclusion of a planning procedure, which does not contradict the expected stipulations of the development plan and the development is secured, a building application can be approved. (§33 BauGB)