Planning With Old Plans: Flexibility, Legal Certainty and Potential for Leverage
Raumforschung und Raumordnung / Spatial Research and Planning
Abstract
Cities face many challenges, such as the need for inner-city or suburban densification, climate adaptation, industrial structural change or demographic change, which require the increased adaptation of urban structures. This paper examines the role of legal regulations in the constant adaptation and reorganisation of urban fabric. We focus on German development plans, which regulate land use at the municipal level and are legally binding. Using qualitative interviews, a literature review, and an analysis of legal codes and planning documents, the paper investigates how municipalities handle outdated development plans that no longer reflect contemporary urban planning concepts but remain legally valid. Particular attention is given to the use of exemptions from existing plans. We refer to the tension that exists between flexibility and certainty and investigate how this emerges in land-use planning. Overall, the German system favours certainty, in particular regarding procedural aspects of land-use planning. When granting exemptions, planning officials balance the wish to realise the project, legal requirements and broader public interests. We argue that in analysing flexibility and certainty, it is important to consider the question of how and to what extent municipalities can influence development.
Authors 2
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Affiliation as printed
Lehrstuhl für Planungstheorie und Stadtentwicklung, RWTH Aachen University
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Affiliation as printed
Lehrstuhl für Planungstheorie und Stadtentwicklung, RWTH Aachen University