Planning  

 

Land Use Planning Berlin

Explanatory comments on the Land Use Plan and the involvement of the public: Modification procedures


Under German planning legislation (BauGB, AGBauGB), two different modification procedures are available for amending the Land Use Plan (further specified in the "General Directive" of the city planning offices dated September 8th, 2006 (AV-FNP)). Selecting the appropriate procedure for a proposed modification helps to cut down time and costs, and to simplify and shorten the planning process without curtailing the opportunities for public participation or for the consultation of public and statutory bodies. The two modification procedures can be summarised as follows:

The standard modification procedure (§ 1 (8) BauGB) applies to large-scale or complex modifications to the Land Use Plan; it is comparable to the preparation of an entirely new plan. During two stages of public participation, there is an opportunity for public comment on the planning proposals:
  • first stage of public participation (on an early draft of the modification),
  • second stage of public participation (public display of revised draft).
The modification is decided upon by the Senate and subsequently submitted to the City Council for endorsement.
The procedures for a modification to the Land Use Plan and the preparation of a Local Development Plan can be combined, if there is a strong connection between the two ("parallel procedure", § 8 (3) BauGB).

The simplified modification procedure (§ 13 BauGB) can be used for modifications to the Land Use Plan with little impact on overall planning objectives. In these cases, opportunities for public comments are limited to one participation phase, when the draft modification is put on public display. At the same time, public and statutory bodies likely to be affected by the proposed changes are consulted and given their opportunity to comment. .
An environmental impact assessment is not required in these cases. (§§ 2, 2a BauGB).
The modification is decided upon by the Senate.
The procedures for a simplified modification to the Land Use Plan and the preparation of a Local Development Plan may also be combined, if there is a strong connection between the two ("parallel procedure", § 8 (3) BauGB).