the term development plan (frequently shortened called B-plan) does not have similar, but congruent meanings in Germany and Austria.
Table of contents
Within the local building zoning plan is the development plan(= obligatory building guidance plan) the result of the concrete, small-scale planning, to which usually for a small subsection, at the most for quarter one sets up, occasionally also for only one property. The development plan must from the Flächennutzungsplan, the preparing building guidance plan for the entire Gemeindegebiet, outare developed. Contrary to the Flächennutzungsplan the development plan makes obligatory regulations for the use of land (§ 10 building law book). He is decided of the municipality as statute. In the development plan met the appointments over kind and measure of the structural use of properties work by the fact that them with Building permit procedures obligatorily on individual building projects to consider are.
Within the development plans again one differentiates:
- There are in such a way specified “qualified” (D. h. detailed) development plans, those at least appointments over kind and the measure of the structural use (two separate appointments, i.e. the type of use such as z.B. MI - Mixed development area, and the measure such as z. B. the floor space index (GFZ), which coverable property surfaces and the local traffic surfaces contained (see. § 30 BauGB). Beyond that however various further characteristics can be specified (see. § 9 BauGB).
- “Simple ones” of development plans are called, thoseless than the o. g. four criteria regulate. Within the range “more simply” and in coherently cultivated areas without development plan the validity of a building project for the not defined criteria regulates itself development plans after §§ the 34 and 35 BauGB, z. B. in the internal area after the area character.
For the standardization and simplification there is a statutory order created on the building law book (building use regulation - BauNVO), which specifies certain area types with its respective, permissible uses (e.g.: Village areas, mixed development areas, central areas or trade areas).
after the building law book (Federal Republic) citizens are andTo inform citizen as well as federations as promptly as possible about the general goals and purposes of planning. Opportunity is to be given to them to express themselves for planning and submit proposed amendments. The brought in private statements are to be weighed with other interests and public interests fairly, before the plan ofthe municipality as statute to be decided can. The participation procedure with the list, change, addition or abolition of a development plan runs i.d.R. over two stages:
- early public participation
- public interpretation of the draft plan
in addition one for the participation of the public are authorities and other carriers of public interests as well as the neighbour municipalities toTo request delivery from statements to planning.
the problem of incorrect development plans is of enormous importance in the administrative practice and for property owners. Development plans are statutes and thus legal rules. They are subject thereby actually to the nullity dogma. Since end of the 1990er gives yearsit however in the building law book extensive exceptions of the nullity dogma regarding development plans. Since that time the building law book opens extensive healing possibilities for incorrect development plans. These healing possibilities do not refer however to errors in coming off the development plan under local-legal criteria. So a development plan is, that for example under participation oneembarrassed city delegates comes off, after the nullity dogma also after the innovations of the building law book still futile.
Regulation of the municipality, which specifies, like each property in the development land, partly beyond that, to be cultivated can; puts in particular the permissible building methods, overall heights, building lines andProcess and width of the traffic surfaces firmly. Been based on the surface dedication plan.
Since space planning falls in Austria exclusively into the authority of the countries, there are nine regional planning laws with partly most different regulation contents for land development planning. So development plans are surface covering over the entire development land too in some Lands of the Federal Republicissued, in others however they remain limited to particularly regulation-needy surfaces (partial development plans). Further differences concern terms and their definitions (bordering, escape lines, building density, - mass etc.) as well as number and definition of gradations (e.g. To reason and main stage of land development planning, land development guidelines etc.)
- building law book
- building zoning plan
- the reference
- to right topics consider
- surface dedication plan
- municipality planning
- open-space control plan
- multistoried building outline plan
- regional planning
|landscape plan nullity dogma area planning concept space planning regional planning town planning town construction please!|