The Federal Office for Building and Regional Planning

Publication Monitoring and Urban Land-Use Planning

BBR-Online-Publikation 05/06, Ed.: BBR, Bonn 2006

Series: BBSR-Online-Publikation Published: 2006

Abstract

Article 10 of the Directive on the assessment of the effects of implementing certain plans and programmes on the environment requires member states to monitor the significant environmental effects of the implementation of plans and programmes in order to identify unforeseen adverse effects at an early stage and to place themselves in a position to undertake appropriate remedial action. With respect to urban land-use planning and regional planning, article 10 of the Directive was transposed into German law by the European Law Adaptation Act for the Construction Sector (EAG Bau), and for other fields of planning and programmes by the SEA Implementing Act, establishing regulatory arrangements for monitoring the environmental impacts of implementing plans.

The study is concerned exclusively with monitoring at the urban land-use planning (Bauleitplanung) level. Methodologically, the study is based essentially on case studies in six cities of various size. They include Munich, Krefeld, Gütersloh, Güstrow, Jena, and Ostfildern, thus taking account of differing legal and administrative conditions in five states.

Both levels of urban land-use planning were examined. But the focus was on binding land-use plans (Bebauungspläne). Twenty land-use plans were analysed on the basis of the available planning data and in-depth inquiries addressed to local authorities. They differ in the envisaged uses, in the size of the planning area, and also in whether they are mere zoning plans or project-based binding land-use plans. In addition to these current plans, 18 older land-use plans from 2000 or earlier were examined to establish whether any constellations of unforeseen environmental impacts had developed and how such impacts were recognised. Any remedial action taken was also ascertained.

On the basis of analysis of the binding land-use plans and existing supervisory and monitoring structures, recommendations were developed for appropriate and userfriendly implementation of statutory requirements. The first concern was the organisational and procedural integration of monitoring into existing administrative structures in the different municipalities. There proved to be differences particularly between kreisfreie Städte (unitary authorities/ independent cities) and kreisangehörige Städte (noncounty municipalities/municipalities forming part of a county), since the unitary authorities perform many functions as lower tier environmental authorities, whereas noncounty municipalities have to depend on cooperation with the relevant county authorities or subsidiary state government authorities. The second concern is the planning of monitoring. It depends on the information needs specific to every binding land-use plan. They are determined primarily by the type of use involved and the concomitant environmental impacts and on the susceptibilities generated by the specific planning area and its environs. Thirdly and finally, the aim was to ascertain how existing sources of information can most effectively be used for monitoring land-use plans. Of key importance in this regard are the numerous lex specialis monitoring requirements.

Fundamental to the planning of monitoring in accordance with paragraph 4c of the Federal Building Code is identifying what is specifically to be monitored, by whom (public authorities under their terms of reference or municipalities with supplementary measures), and how and when. As a rule, the results of environmental impact assessments Monitoring and Urban Land-Use Planning rapidly yielded answers to these questions with the aid of the checklist developed in the context of the study. The checklist primarily elicits information about what environmental impacts are already being monitored by the authorities pursuant to other statutory and secondary rules and regulations, like the monitoring prescribed by paragraph 4c of the Building Code, and about whether any supplementary municipal supervisory measures are to be considered in individual cases. Owing to differences between state and regional organisational structures, specification is to be recommended.

The additional monitoring input required by paragraph 4c of the Building Code is generally not very great. The examination of binding land-use plans shows that monitoring can be supported above all by measures that would be carried out in compliance with statutory requirements or on a voluntary basis regardless of paragraph 4c. To a certain extent, certain non-mandatory administrative tasks and administrative routines can be used for monitoring purposes. All case study municipalities accordingly assume that monitoring can be handled with existing human resources. Especially in large cities, additional effort may be involved in developing organisational structures.


Project Coordination:
Deutsches Institut für Urbanistik, Berlin
Dr. Arno Bunzel (project leader), Gregor Jekel
Ministry of Transport, Building and Urban Affair, Berlin
Dr. Rolf Blechschmidt

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