Sustainability and Inner-City Developments – New Tendencies
in German Planning Law
25 April 2007
Starting point: Excessively increased use of land for
settlement and infrastructural purposes
 Approx. 120 ha per day in Germany
 Environmental and social impacts
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Federal Government is aware of the vital importance of
reducing land use significantly
 Conversion of greenfield areas into settlement and
infrastructure areas shall be limited to 30 ha per day
in 2020
 A priority for downtown developments and
redevelopment of waste land is needed
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Law on the Facilitation of Planning Projects for the
Development of City Centres
(Gesetz zur Erleichterung von Planungsvorhaben für die
Innenentwicklung der Städte)
 Became effective on 1 January 2007
 Main regulations are
 Introduction of an expedited proceeding for development plans
in inner-city areas (section 13a of the Federal Building Code –
BauGB)
 Protection of central retail areas und safeguarding
neighbourhood shopping facilities (section 9 subsection 2a of
the Federal Building Code)
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1. Expedited proceeding (section 13a of the Federal
Building Code)
 New tool “development plan for inner-city
developments“
 No environmental audit required
 Less procedural requirements
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Requirements for using this tool
 Development plans for inner-city areas only (greenfield
areas being excluded)
 Area covered by plan must be smaller than 20,000 m² or
70,000 m² respectively
 Areas of more than 70,000 m² to be developed in
ordinary proceeding
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No expedited proceeding in case…
 the development plan allows for any projects being
subject to an environmental impact assessment under
the Environmental Impact Assessment Act (UVPG)
 there is evidence of an impact on areas protected under
the Flora, Fauna and Habitats Directive or the Directive
on the Conservation of Wild Birds
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Consequences / Facilitation
 If development plan covers an area of up to 20,000 m²
no environmental assessment is to be conducted
 If development plan covers an area between 20,000 m²
and 70,000 m² possible material impacts on the
environment are to be assessed (List of criteria in annex
II)
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 Information of the public and authorities at an early
stage is not required
 Provisions under Federal Building Code with respect to
environmental auditing and monitoring do not apply
 No prior amendment of zoning plan required
(Flächennutzungsplan)
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2. Protection of central retail areas (section 9
subsection 2a of the Federal Building Code)
 Preventing development of retail in greenfield areas
 Safeguarding neighborhood supply with goods
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 Admissibility or inadmissibility of certain utilisations
may be regulated
 Aim: Steering of retail area development
 Retail plan to be developed by the municipality
 Existing retail areas may be preserved or
development of new areas may be fostered
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3. Further amendments
 Section 47 subsection 2 of the Rules of the
Administrative Courts
 Application for reviewer of development plan by
Higher Administrative Court to be filed within 1 year
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 Project-related development plans
 Determination of allowed use in general terms possible
 Redevelopment regime
 Limitation of redevelopment period to 15 years
 Facilitation of calculation of redevelopment charges
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Contacts
Berlin
Dr Christian Hullmann
+49 30 22 00 29 140
+49 173 606 41 58
Christian.Hullmann@klgates.com
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