Sustainability and Inner-City Developments – New Tendencies in German Planning Law 25 April 2007

2 Starting point: Excessively increased use of land for settlement and infrastructural purposes  Approx. 120 ha per day in Germany  Environmental and social impacts

3 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

4 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)

5 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

6 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

7 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

8 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)

9  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)

10 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

11  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

12 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

13  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

14 Contacts Berlin Dr Christian Hullmann Anchorage │ Beijing │ Berlin │ Boston │ Coeur d’Alene │ Dallas │ Harrisburg │ Hong Kong │ London Los Angeles │ Miami │ New York │ Newark │ Orange County │ Palo Alto │ Pittsburgh │ Portland San Francisco │ Seattle │ Spokane │ Taipei │ Washington, D.C.