Spatial Planning in Germany and Poland Alexander Tölle Workshop „Borderland: Border Landscapes Across Europe” Słubice, 5 th May 2014

Germany 1949 Basic Constitution Law 1960 Federal Building Act 1965 Spatial Order Act 1971 Urban Development Promotion Act 1986 Building Law Code 1990 Transfer of Spatial Order Act and Building Law Code to East Germany (with temporary amendments) Spatial Planning in Germany and Poland Legal base

Poland 1990 Local Government Act 1994 Spatial Management Act 1999 Reform of Territorial Administration – Introduction of supralocal and regional units 2003 Spatial Planning and Management Act Germany 1949 Basic Constitution Law 1960 Federal Building Act 1965 Spatial Order Act 1971 Urban Development Promotion Act 1986 Building Law Code 1990 Transfer of Spatial Order Act and Building Law Code to East Germany (with temporary amendments) Spatial Planning in Germany and Poland Legal base

In Poland: Spatial Economy (Gospodarka przestrzenna) First phase: Spatial Planning (Planowanie przestrzenne) Result: Spatial Management (Zagospodarowanie przestrzenne) In Germany: Spatial Planning (Raumplanung) Synonym: Spatial Development (Raumentwicklung) Spatial Planning in Germany and Poland Key terminology

Spatial Development in Poland is an anticipated prerequisite for spatial management and planning. Planning is about the preparation of investments (in the sense of controlling development). Spatial Planning in Germany and Poland Key understanding

Spatial Development in Poland is an anticipated prerequisite for spatial management and planning. Planning is about the preparation of investments (in the sense of controlling development). Spatial Development in Germany is an activity for making a territory socioeconomically, culturally etc. more competitive by balancing interests (in the sense of integrated development). Spatial Planning in Germany and Poland Key understanding

Spatial Planning in Germany and Poland Planning levels

Poland National Planning National Spatial Management Concept Voivodeship Planning Voivodeship Spatial Management Plan (Metropolitan Spatial Management Plan) Communal Planning Study of the Conditions and Directions of Spatial Management L OCAL S PATIAL M ANAGEMENT P LAN Germany Federal Spatial Order Planning Spatial Order Principles Federal State Spatial Order Planning Spatial Order Plan (Regional Plan) Communal Planning Land Use Plan B UILDING D EVELOPMENT P LAN Spatial Planning in Germany and Poland Planning levels

Poland National Planning National Spatial Management Concept Adoption Consultation Voivodeship Planning Voivodeship Spatial Management Plan (Metropolitan Spatial Management Plan) Adoption Assessment Communal Planning Study of the Conditions and Directions of Spatial Management L OCAL S PATIAL M ANAGEMENT P LAN Spatial Planning in Germany and Poland Planning levels

Poland National Planning National Spatial Management Concept Adoption Consultation Voivodeship Planning Voivodeship Spatial Management Plan (Metropolitan Spatial Management Plan) Adoption Assessment Communal Planning Study of the Conditions and Directions of Spatial Management L OCAL S PATIAL M ANAGEMENT P LAN Spatial Planning in Germany and Poland Planning levels But…: National Planning Voivodeship Planning Communal Planning Spatial Impact

Spatial Planning in Germany and Poland Local Spatial Management Plans and new housing development in Poznań, Author: Adam Radzimski

Poland National Planning National Spatial Management Concept Adoption Consultation Voivodeship Planning Voivodeship Spatial Management Plan (Metropolitan Spatial Management Plan) Adoption Assessment Communal Planning Study of the Conditions and Directions of Spatial Management L OCAL S PATIAL M ANAGEMENT P LAN Germany Federal Spatial Order Planning Spatial Order Principles Countervailing Influence Federal State Spatial Order Planning Spatial Order Plan (Regional Plan) Countervailing Influence Communal Planning Land Use Plan B UILDING D EVELOPMENT P LAN Spatial Planning in Germany and Poland Planning levels

Operational Planning Tools Germany Special Urban Planning Legislation Urban Regeneration Zone Urban Development Zone Urban Protection Zone Milieu Protection Zone Restructuring Zone ect. Spatial Planning in Germany and Poland Operational planning

Operational Planning Tools Germany Special Urban Planning Legislation Urban Regeneration Zone Urban Development Zone Urban Protection Zone Milieu Protection Zone Restructuring Zone ect. Poland ? Spatial Planning in Germany and Poland Operational planning

Spatial Planning in Germany and Poland Local Revitalisation Programmes

Spatial Planning in Germany and Poland Important Polish laws or law initiatives that have failed Draft Act on Urban Revitalisation Programs (2003, never adopted) Draft Act on Metropolitan Areas (2007, never adopted) Act on Building and Operating Large-Scale Retail Objects (adopted in 2007, repealed by High Court Decision in 2008) Draft for (New) Spatial Planning and Management Act (2009, never adopted)

Spatial Planning in Germany and Poland Participation and informal planning Poland - Formal announcement of intention to prepare a plan - Collection of motions on the plan to be prepared - Preparation of a draft plan - Putting the draft plan on public display - Assessment of observations on the draft plan - Possibly amendments to draft plan - Adoption of the plan by local council Participation in Planning Process

Spatial Planning in Germany and Poland Participation and informal planning Poland - Formal announcement of intention to prepare a plan - Collection of motions on the plan to be prepared - Preparation of a draft plan - Putting the draft plan on public display - Assessment of observations on the draft plan - Possibly amendments to draft plan - Adoption of the plan by local council Germany - Formal announcement of intention to prepare a plan - Public presentation and discussion of preliminary draft plan / sketches, collection of motions - Preparation of a draft plan - Putting the draft plan on public display - Assessment of observations on the draft plan - Possibly amendments to draft plan - Adoption of the plan by local council Participation in Planning Process

Spatial Planning in Germany and Poland Participation and informal planning Poland - Formal announcement of intention to prepare a plan - Collection of motions on the plan to be prepared - Preparation of a draft plan - Putting the draft plan on public display - Assessment of observations on the draft plan - Possibly amendments to draft plan - Adoption of the plan by local council Germany “Early Participation” *) - Formal announcement of intention to prepare a plan - Preparation of a preliminary draft plan / sketches - Public presentation and discussion of preliminary draft plan / sketches, collection of motions “Formal Participation” - Preparation of a draft plan - Putting the draft plan on public display - Assessment of observations on the draft plan - Possibly amendments to draft plan - Adoption of the plan by local council Participation in Planning Process

Spatial Planning in Germany and Poland Participation and informal planning Poland - Formal announcement of intention to prepare a plan - Collection of motions on the plan to be prepared - Preparation of a draft plan - Putting the draft plan on public display - Assessment of observations on the draft plan - Possibly amendments to draft plan - Adoption of the plan by local council Germany “Early Participation” *) - Formal announcement of intention to prepare a plan - Preparation of a preliminary draft plan / sketches - Public presentation and discussion of preliminary draft plan / sketches, collection of motions “Formal Participation” - Preparation of a draft plan - Putting the draft plan on public display - Assessment of observations on the draft plan - Possibly amendments to draft plan - Adoption of the plan by local council *) Key element: the preparation of informal communal planning documents neither requested nor defined by planning legislation, e.g. city development plans, plans for the development of specific territorial parts of the commune, urban framework plans, various types of thematic plans, project-specific masterplans. Participation in Planning Process

Spatial Planning in Germany and Poland Cross-over view Poland Planning = Preparing formal planning documents in order to foster and regulate development Germany Planning = establishing a consensus (in the form of informal documents) on how to deal with conflicting uses and functions in a given space + Preparing formal planning documents – turning the outcome of planning processes into legally binding documents

Spatial Planning in Germany and Poland Cross-over view Poland Planning = Preparing formal planning documents in order to foster and regulate development Structures based on hierarchies and predominance Germany Planning = establishing a consensus (in the form of informal documents) on how to deal with conflicting uses and functions in a given space + Preparing formal planning documents – turning the outcome of planning processes into legally binding documents Principle of countervailing influence

Spatial Planning in Germany and Poland Cross-over view Poland Planning = Preparing formal planning documents in order to foster and regulate development Structures based on hierarchies and predominance Planning legislation to enable control of development (and of authorities); principle of land ownership = right to build Germany Planning = establishing a consensus (in the form of informal documents) on how to deal with conflicting uses and functions in a given space + Preparing formal planning documents – turning the outcome of planning processes into legally binding documents Principle of countervailing influence Planning legislation to enable land use in a way to enhance the public good; principle of “property obliges”

Spatial Planning in Germany and Poland Cross-border planning Study on the Directions of Spatial Management for the Area Along the Polish- German Border (Studium kierunkowego zagospodarowania przestrzennego obszaru wzdłuż granicy polsko-niemieckiej) Spatial Order Guiding Principles for the Area Along the German- Polish Border (Raumordnerische Leitbilder für den Raum entlang der deutsch-polnischen Grenze)

Spatial Planning in Germany and Poland Twin-city planning Frankfurt-upon-Oder – Słubice Joint City Development Study 1994 Strategy Frankfurt-upon-Oder – Slubice 2003 Joint Integrated Urban Development Concept (in progress)

Spatial Planning in Germany and Poland Twin-city planning Strategy Frankfurt-upon-Oder – Slubice 2003

Spatial Planning in Germany and Poland Twin-city planning Strategy Frankfurt-upon-Oder – Slubice 2003 Słubice No need to prepare local spatial management plans = no need for spatial planning Redesigning of the town places by different contractors selected by tender bit proceedings Upgrading of the riverfront in the cause of maintenance work

Spatial Planning in Germany and Poland Twin-city planning Strategy Frankfurt-upon-Oder – Slubice 2003 Słubice No need to prepare local spatial management plans = no need for spatial planning Redesigning of the town places by different contractors selected by tender bit proceedings Upgrading of the riverfront in the cause of maintenance work Frankfurt Definition of spatial design guidelines in the cause of preparation of informal development plans (inner city area, green city ring) Definition of planning provisions for central places including outline, use and function of adjacent lots by different planning procedures (e.g. workshops, design competition tools) Redesigning of the riverfront according to a special informal planning document

Spatial Planning in Germany and Poland Twin-city planning Strategy Frankfurt-upon-Oder – Slubice 2003 Słubice No need to prepare local spatial management plans = no need for spatial planning Redesigning of the town places by different contractors selected by tender bit proceedings Upgrading of the riverfront in the cause of maintenance work Frankfurt Definition of spatial design guidelines in the cause of preparation of informal development plans (inner city area, green city ring) Definition of planning provisions for central places including outline, use and function of adjacent lots by different planning procedures (e.g. workshops, design competition tools) Redesigning of the riverfront according to a special informal planning document

Spatial Planning in Germany and Poland Cross-border metropolitan planning

Metropolitan Planning in Poland Metropolitan Areas to be delimited by national level (has not happened) Preparation of Metropolitan Area Spatial Management Plan as part of Voivodeship planning Spatial Planning in Germany and Poland Cross-border metropolitan planning

Metropolitan Planning in Poland Metropolitan Areas to be delimited by national level (has not happened) Preparation of Metropolitan Area Spatial Management Plan as part of Voivodeship planning Metropolitan Planning in Germany Metropolitan Areas have been delimited by federal level Metropolitan planning (in various structures) is seen as a task of spatial order (regional) planning, however integrating communes by the principle of countervailing influence Spatial Planning in Germany and Poland Cross-border metropolitan planning

Metropolitan Planning in Poland Metropolitan Areas to be delimited by national level (has not happened) Preparation of Metropolitan Area Spatial Management Plan as part of Voivodeship planning Dilemma: In Poland metropolitan planning is a regional planning task, spatial impact of planning however depends upon communal planning! Metropolitan Planning in Germany Metropolitan Areas have been delimited by federal level Metropolitan planning (in various structures) is seen as a task of spatial order (regional) planning, however integrating communes by the principle of countervailing influence Spatial Planning in Germany and Poland Cross-border metropolitan planning

Spatial Planning in Germany and Poland Cross-border metropolitan planning

Towards a Joint Development Concept for the Szczecin Cross-Border Metropolitan Region but… …different engagement of communes in Germany and Poland in planning process, …different binding force of planning provisions for communes in Germany and Poland. Spatial Planning in Germany and Poland Cross-border metropolitan planning

Towards a Joint Development Concept for the Szczecin Cross-Border Metropolitan Region but… …different engagement of communes in Germany and Poland in planning process, …different binding force of planning provisions for communes in Germany and Poland. Spatial Planning in Germany and Poland Cross-border metropolitan planning

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