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.
Landscape planning is the central planning instrument for nature conservation and landscape management. It is based on the provisions of the Federal Nature Conservation Act (BNatSchG) and the State Nature Conservation Act of North Rhine-Westphalia (LNatSchG NRW) and has the important task of specifying the overarching objectives of nature conservation and landscape management as well as the promotion of biodiversity and identifying the corresponding requirements and measures to achieve these objectives (Section 11 BNatSchG in conjunction with Section 7 LNatSchG NRW).
The landscape plan is the instrument of local landscape planning. In NRW, it is drawn up by the districts and independent cities as the bodies responsible for landscape planning on the basis of a legally regulated democratic procedure in close cooperation with the stakeholders involved and the citizens(public participation). Like the development plan, the landscape plan is therefore a municipal planning instrument and is adopted as a statute and thus becomes legally binding.
The regional plan is superordinate to the landscape plan in its function as a landscape framework plan. The regional plan presents the supra-regional requirements and measures for the realization of nature conservation and landscape management and thus contains specifications for the landscape plan. Special mention should be made of the technical contribution on nature conservation and landscape management, which was drawn up as part of the redrafting of the regional plan and contains the three thematic aspects "Natural landscape factors, biotope and species protection and cultural landscape protection/landscape".
Legal basis
Landscape planning is based on the provisions of the Federal Nature Conservation Act (BNatSchG) and the State Nature Conservation Act of North Rhine-Westphalia (LNatSchG NRW). Procedures and central contents are defined in §§ 7-29 LNatSchG.
Scope, components and contents
In accordance with Section 7 (1) of the NRW State Nature Conservation Act (LNatSchG NRW), the scope of the landscape plan essentially extends to the built-up outdoor area as defined by building planning law. In accordance with Section 7 (5) of the NRW State Nature Conservation Act (LNatSchG NRW), the landscape plan consists of a map, a justification with the objectives and purposes as well as the main results of the landscape plan (environmental report) and a text and explanatory notes.
The main contents of the landscape plan are
- Presentation of the development goals for the landscape (in accordance with Section 10 LNatSchG)
- Designation of specially protected parts of nature and landscape with textual definitions and explanations (in accordance with § 7 LNatSchG in conjunction with §§ 23, 26, 28, 29 BNatSchG)
- Designations for fallow land (in accordance with Section 11 LNatSchG)
- Special regulations for forestry use (in accordance with Section 12 LNatSchG)
- Development, maintenance and development measures (in accordance with Section 13 LNatSchG)
In addition to a description of the protected area and its purpose, the stipulations of the landscape plan cover prohibitions, requirements as well as corresponding exceptions and non-touched areas, i.e. activities that are not affected.
Please note: The still legally valid landscape plan of the City of Aachen is based on the NRW Landscape Act, which has been replaced by the NRW Nature Conservation Act since 2016.
Interaction with urban land use planning
In individual cases, there may be overlapping stipulations with development plans. If a development plan specifies agricultural or forestry use or green areas, the landscape plan can also extend to these areas if they are connected to the built-up outdoor area. If a development plan is developed for the previously undeveloped outdoor area, the provisions of the landscape plan generally take precedence over the provisions of the development plan.
Legal effects
The landscape plan is adopted as a statute by the Aachen City Council and is therefore legally binding for everyone.
The prohibitions laid down in the landscape plan are generally binding. They apply directly to all citizens and can be punished as an administrative offense by the districts or independent cities in the event of violations. Exceptions (Section 23 (1) LNatSchG NRW) and exemptions (Section 75 LNatSchG NRW) can be granted from the prohibitions of the landscape plan in certain cases. However, prohibitions are only implemented in agreement with the authorized users. The development objectives contained in the landscape plan are binding on the authorities and must therefore be observed in all official procedures.
The landscape plan imposes a general and special duty of tolerance on users, owners or occupiers of a plot of land. On the basis of the landscape plan, funding programs can be used, compensation payments can be received and, under certain conditions, compensation claims can be asserted.
Redrafting of landscape plan
The city of Aachen's landscape plan is currently being revised.