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.
"In the land use plan, the outline of the type of land use resulting from the intended urban development in accordance with the foreseeable needs of the municipality must be presented for the entire municipal area." (Section 5 (1) sentence 1 BauGB)
- A plan for the entire city of Aachen
- Objective: To control the urban development of the city
- Type of land use: the means of controlling development is the use of the land (area) permitted under the plan
- foreseeable needs: Plan for the future, based on current and future needs
- Basic features: Basis for further planning, not parcel-specific, will be refined by development plans if necessary, land use plan is "preparatory development plan"
- represent: in terms of planning law, the term "represent" means that the contents of the land use plan are not generally legally binding, but are "only" binding for authorities, exception: for example, concentration areas for wind turbines
Legal basis
The purpose, content and procedure for drawing up and amending the land use plan are set out in the Federal Building Code (BauGB) and are binding throughout Germany. Sections 5-7 are explicitly dedicated to the land use plan, while further provisions can be found in sections 1-13a BauGB.
Contents
The main contents are the representation of areas for housing, work (commercial), special areas and public use; in addition to areas for agriculture, green and forest areas are shown, which are part of the open space and recreational area. Areas for supra-local traffic and local main traffic routes or supply and disposal areas are also part of the plan content. For the sake of completeness, plans that have been established in accordance with other legal regulations, e.g. excavation areas, landscape and nature conservation areas or railroad facilities, are included or marked in the land use plan for information purposes. The legal force of these contents is not derived from their designation in the land use plan, but from the other relevant legal regulations.
Possible contents are listed in §5 BauGB, but this list is not exhaustive.
The land use plan must observe the "spatial planning objectives" as set out in the state development plan, state development program and regional plan. The less detailed "principles of spatial planning", also laid down in the plans specified, must be taken into account. "Observe" here means that they must be adopted directly, while "take into account" means that they can also be subordinated to other concerns in the weighing-up process.
As a rule, the land use plan forms the framework for the preparation of the individual development plans, which contain more detailed statements with direct legal effect for everyone. Exception: In the case of development plans for internal development in accordance with Section 13a BauGB, a development plan can also be drawn up in deviation from the representations in the land use plan. The land use plan is then subsequently "corrected".
The land use plan and development plans together form the municipal urban land-use planning.
Components
The AACHEN*2030 land use plan of the City of Aachen consists of a main plan, the explanatory memorandum with environmental report and a supplementary plan.
Amendments to the land use plan generally affect sub-areas of the urban area. Amendments to the graphic representations (plan) and the written representations are prepared for these sub-areas. These amendments are justified in writing; this justification contains an environmental report on the environmental impact of the amendment.
Legal effect
As a rule, the representations in the land use plan are "only" binding on the authorities. In other words, they do not have direct legal force vis-à-vis anyone. (Binding on authorities means that it plays an important role in the planning of authorities and must generally be observed). The land use plan only has a direct effect on planned construction projects in exceptional cases, for example when approving projects in so-called (undeveloped) outdoor areas. The land use plan has a special effect on so-called privileged projects in outdoor areas in accordance with Section 35 (1) BauGB if it designates certain areas for a certain privileged use and at the same time excludes this use in other areas. This applies, for example, to concentration areas for wind turbines.
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 land use plan is not adopted by the city council as a statute. This means that it has less legal effect on everyone. In addition, however, a newly drawn up land use plan or its amendment must be approved by the "higher administrative authority" (district government).
AACHEN*2030 land use plan is legally effective
After ten years of intensive administrative work, extensive public participation processes and detailed political consultations, the mammoth planning project is now complete.