Land Use Planning Berlin

(revised, taking into account the decision 802/01 of the Senate, dated January 16th, 2001)

1.

The general zoning categories of the Land Use Plan may be narrowed down and further specified in Local Development Plans in line with § 1 (1) of the Federal Land Use Directive (Baunutzungsverordnung - BauNVO). The Local Plan may employ an entirely different zoning category or even designate an area of open space instead of building land, if the area concerned is smaller than 3 ha or required for public facilities or utilities of only local importance, as long as the overall purpose of the area in line with the general zoning pattern of the Land Use Plan is preserved and issues of emission control are not compromised (e.g. the Local Plan may designate a small manufacturing site (< 3 ha) in an area shown in the Land Use Plan as residential building land). This is equally applicable to building land and to land allocated for community facilities.

2.

Where the Land Use Plan shows special building land with capital functions (H), a Local Plan will have to acknowledge the priority of these functions, but may - in agreement with the federal government - designate suitable parts of the area for residential or mixed uses (encouragement of mixed uses).

3.

The density figures of the Land Use Plan for residential building land are to be treated as an upper limit. Local Development Plans shall specify a lower density, even for areas larger than 3 ha, where this is required by the character and structure of the housing area concerned. A higher density for areas larger than 3 ha is only permitted if justified on special planning grounds.

4.

On residential building land W4 of the Land Use Plan, a Local Development Plan may designate areas for weekend homes (even larger than 3 ha), if this is justified on landscape and planning grounds.

5.

A Local Plan may designate areas for water sports or camping and other categories of special building land related to these uses, where this is indicated by the corresponding symbol in the Land Use Plan. Single small sites for water sports or camping may, in exceptional cases, also be designated in other areas, if they are compatible with their surroundings.

6.

Areas shown in the Land Use Plan as open space must not be designated as building land in a Local Development Plan (apart from minor boundary adjustments). An exception may be made for small community facilities serving adjoining residential areas (e.g. for a nursery school within an area of allotment gardens). The planning status of existing building uses of local importance (< 3 ha) within open spaces is left to be determined on the local level. Such uses may be extended and functionally complemented, if the additions are in scale with the existing buildings and the general purpose of the open space is retained.

7.

Areas allocated in the Land Use Plan for open air sports facilities may be specified in a Local Plan for building development compatible with these facilities, if there is no conflict with surrounding uses.

8.

Areas allocated by the Land Use Plan for industrial/commercial uses must not be designated for other purposes in a Local Plan (apart from minor boundary adjustments). In exceptional cases, which require special justification, a Local Plan may also designate areas for mixed uses, public utilities or largescale retailing (even larger than 3 ha), if they are compatible with their surroundings and negative repercussions on the settlement structure and on the hierarchy of urban centres are not to be expected.