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

1. 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 +49 30 22 00 29 140 +49 173 606 41 58 Christian.Hullmann@klgates.com Anchorage │ Beijing │ Berlin │ Boston │ Coeur d’Alene │ Dallas │ Harrisburg │ Hong Kong │ London Los Angeles │ Miami │ New York │ Newark │ Orange County │ Palo Alto │ Pittsburgh │ PortlandSan Francisco │ Seattle │ Spokane │ Taipei │ Washington, D.C.