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Study of Suburban Land Use Control in a Depopulating Society (Interim Report)
- FY2004 Survey Focused on Land Use Control in Germany and France -

summary

Sustainable cities in a depopulating society require policies emphasizing the sustainable and preservation-oriented renewal of central built-up areas as well as effective land use in the suburbs. The Policy Research Institute for Land, Infrastructure and Transport (PRILIT) launched a two-year research program in FY2004 to study systems and their operations of EU countries operating urban systems with emphasis on sustainability, and the ordinances and regulations in Japan. The main purpose of the program is to gain knowledge and information on land use control in the suburbs-an important component of a sustainable society. Surveys of land use control in Germany and France and of innovative approaches in Japan were conducted in FY2004. An interim report was compiled based on the results.

Land use in Germany is based on the "im Zusammenhang bebauten Ortsteile (built-up areas)" and "Auß enbereich (outlying areas)" which permit the construction of buildings similar in size and type to the existing ones. If the new development differs from the status quo "Bebauungsplan (B plan or local development plan) must be prepared and the development must be implemented based on the plan (Section 30 and 34 of Baugesetzbuch (BauBG, the Federal Building Code)). "Auß enbereich" is a non-built-up area where a B plan is neither formulated nor considered a built-up area (including forests and farmland). New construction is prohibited in principle in the "Auß enbereich." A development project in this outlying area is only permissible when special conditions are met (Section 35 of BauBG ). Alternatively, a municipality can prepare statute-designating built-up spaces in the outlying area as built-up areas, and apply building permits for the built-up areas to this newly designated area (BauBG - Section 34).

On the other hand in France, construction in areas other than built-up areas is prohibited in principle based on the "le principe de la constructibilité limitéé (Principle of limiting the possibility of construction)"(L111-1-2 of Code de l'urbanisme" or Urban Planning Code). New construction is only possible in the areas designated by plan local d'urbanisme (PLU, local urban plan) or by la carte communale (the municipality map) covering the entire municipality. In a PLU, the municipality sets detailed zoning including building standards. In a municipality map, the municipality designates areas where development is permitted and applies national building standards (Régles générales d'urbanisme or RGU, general regulations of urban planning).

Both in Germany and in France, municipalities in principle have authority over city planning. There are cases where the upper-tier government (Länder the state government or its lower agencies in Germany or the Department Prefet the prefectural governor appointed by the national government in the case of France) becomes involved when regional coordination is required (e.g., for environmental protection).

In both countries, new development in the suburbs is prohibited in principle. Only when a plan is formulated can development be permitted, and should be conducted within the scope of the plan. All land is subject to control-not only built-up areas and their surrounding tracts. Both systems are characterized by plot-by-plot detailed reviews of the plan. While the emphasis is on controlling new developments that would expand built-up areas in no cases was the size of the built-up area restricted to limit the area where development would be possible.

Key words

Land use, urban planning, suburb,
Germany, im Zusammenhang bebauten Ortsteile, Auß enbereich, B plan,
France, PLU, la carte communale

issue

Reports No.57/2005 Oct.

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