Spatial Planning and Building Control in Germany

Robin Ganser is Professor of Spatial Planning at Nuertingen-Geislingen University, Germany, and also Director of the Institute for Urban and Real Estate Development. He works as a freelance spatial planner and consultant. His research interests comprise sustainable brownfield redevelopment, adaptation to climate change as well as planning policy and planning law.Alexander Kukk is Professor of Planning and Law at Nuertingen-Geislingen University, Germany. He is an attorney-at-law and certified specialist in administrative law with over 25 years of experience at Quaas & Partner, Stuttgart. His focus is on consulting, expert opinions and representation in mediation and court, specialising in planning, environmental and aviation law.

“Spatial Planning and Building Control in Germany is a superb resource for better understanding planning policy, the legal framework for spatial planning, and decision-making processes for development at the local level in Germany. There are fascinating discussions about urban reinvestment (redevelopment), property rights, and public-private partnership initiatives. Particularly noteworthy are the many examples of best practices from a number of German cities – including large and medium-size cities, as well as smaller municipalities. In many ways, this book offers a very useful and complete standard for understanding local government planning. It also provides a comprehensive look at 21st century urban planning with applications to other nations and the challenges their local communities face."Dr. Rocky Piro, FAICP, retired planner and professor, former Director, Colorado Center for Sustainable Urbanism"Since the earliest days of modern planning, Germany has been at the international forefront of planning thought and practice. Today, we in the English-speaking world admire the quality of the results of German planning. Yet we know surprisingly little about how it operates. This concise and clearly written book therefore fills an important gap. The authors discuss the main concepts and models shaping German professional thinking and detail the legal processes that combine a high degree of certainty while giving real scope where appropriate for continuing discretion and debate. This book will be a valuable reference for all wishing to understand why German planning consistently performs so well when compared to other countries."Stephen V. Ward, Emeritus Professor, Oxford Brookes University"This important and timely book should be essential reading for anyone interested in comparative planning systems. The authors provide a much needed detailed and critical account of the German spatial planning system outlining how it approaches key planning challenges such as achieving sustainable development and balancing local autonomy and strategic co-ordination. The inclusion of case studies provides valuable illustrations of these principles in practice and enables the reader to take insights well beyond the German context."Professor Emeritus Sue Brownill, BA, PhD, MRTPI (Associate), Professor of Urban Policy and Governance School of the Built Environment Oxford Brookes University"This text provides an essential guide to one of Europe's most sophisticated planning systems. Robin Ganser and Alexander Kukk examine Germany’s constitutional frameworks, planning paradigms and contemporary planning challenges, presenting systematic analysis of legal instruments and planning procedures. A key resource for planners, policymakers, and scholars seeking proven approaches beyond their national context."Dave Valler, Professor of Spatial Planning, School of the Built Environment, Oxford Brookes University

• 1. Introduction: The Scope and Nature of German Planning in a Nutshell 2. A Brief History of Planning Paradigms and Key Challenges 3. Strategic Planning at the State and Regional Levels 4. Public Building Law – The Legal Heart of the Planning System 5. Introduction To German Urban Planning Law 6. Procedures of Local Land Use Planning 7. Legal Protection Against Land Use Plans 8. Contents of Land Use Plans 9. Conformity of Development with Legally Binding Land Use Plans 10. Development in Built‑Up Areas Without a Legally Binding Land Use Plan 11. Development Projects in Undesignated Outlying Areas 12. Building Permissions During the Legally Binding Land Use Planning Process 13. Further Limitations for the Admissibility of Development 14. The Role of Municipalities in Building Control 15. Safeguarding Planning Through “Development Freeze” and Postponement of Permissions 16. Financial Compensation 17. Reallocation of Property Rights 18. Provision of Access Roads and Other Local Public Infrastructure 19. Urban Redevelopment and Regeneration 20. State Legislation: Building Permission, Building Control, Building Design and Hazard Prevention 21. Public–Private Partnership in the Realm of German Public 22. Strategic and Applied Research – Deliberately Challenging and Changing the Planning System 23. Good Practice Examples 24. Conclusions and Outlook