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Land Use Planning BerlinExplanatory 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
16th, 2021 (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:
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). Downloads |