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Suburban Land Use Control in Germany, France and The Netherlands
-Towards Land Use Control in Depopulating Japan-

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Sustainable cities in a depopulating society require policies emphasizing the sustainable and preservation-oriented renewal of the 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 and FY2005 to gain data and a better understanding of the optimal land use control for a depopulating society. The program included surveys of land use control legal systems and their operation in Germany, France and The Netherlands. These countries operate their urban systems with an emphasis on sustainability. The study also conducted a survey of ordinances and other approaches to control land use in Japan.

Germany, France and The Netherlands are each taking different approaches to sustainable land use control.

Land use control in Germany is site-based, where the use of each site is judged based on the system of "im Zusammenhang bebauten Ortsteile (built-up areas)" and "Auß enbereich (outlying areas)". The system permits the construction of buildings similar in size and type to the ones in the surrounding area. If a new land use differs from those in the neighboring areas, a "Bebauungsplan (B plan or local development plan) must be prepared and the development must conform to the plan (Section 30 and 34 of Baugesetzbuch (BauBG, the Federal Building Code)). Land use in the neighboring areas is judged by the conditions of each site. "Auß enbereich" is all non-built-up areas (including forests and farmland) where a B plan is neither formulated nor considered as "im Zusammenhang bebauten Ortsteile." New construction is prohibited, in principle, in the "Auß enbereich," and development projects in this outlying area are only permissible when special conditions are met (Section 35 of BauBG ). Alternatively, a municipality can enact a zoning ordinance where an outlying area is treated as a built-up area, and building permits for the built-up area is applied to that area (BauBG - Section 34).

In France municipalities can choose from among several methods to control land use. They have the authority to either formulate le plan local d'urbanisme (PLU, a local urban plan which includes zones where construction is permitted and detailed land use regulations) or la carte communale (the municipality map demarcating areas where construction is permitted), or formulate neither and instead comply only with nationally standardized regulations. In cases where neither the plan (PLU) nor the municipality map (la carte communale) is formulated, construction in areas other than built-up areas is prohibited in principle based on the "le principe de la constructibilité limitée (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 where construction is allowed by plan local d'urbanisme (PLU, local urban plan) or by la carte communale (the municipality map) covering the entire municipality.

In The Netherlands, a Bestemmingplan (Bm plan) should be formulated in non-built-up areas (Clause 1, Article 10 of Wet op de Ruimtelijke Ordening or the Spatial Planning Act). This system controls the use of all the land covered by the plan. The Bm plan should be revised if any structure not conforming to the original plan is to be constructed in the area covered by the plan. The land use will continue to be controlled by the revised Bm plan even if a non-built-up area is converted to a built-up area after the development.

All three countries have a system of area planning covering plural municipalities; Regionalplan or a regional plan in Germany, Schéma de Cohérence Territoriale (SCOT) or a diagram of territorial coherence in France and Streekplan or a regional plan in The Netherlands. These plans are formulated by various government entities including upper-tier governments (state or provincial government and its agencies) and a group of municipalities. In all countries a city plan prepared by a single municipality should conform to the area plan encompassing that city plan. If not, formulation or revision of a municipality plan may not be permitted. Governments and related agencies are involved in the formation of these area plans.

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

The results of the survey indicate Germany, France and The Netherlands place emphasis on maintaining the status quo and prohibit new development in the suburbs, in principle. Development is permitted only when a plan is formulated, and should be conducted within the scope of the plan. In Japan, on the other hand, development in areas not covered by the city plan can only be controlled by the formulation of a new city plan.

All four countries share a common feature: rather complicated planning procedures, including the coordination with the upper-tier government and the involvement of citizens, are required. On the other hand, the purpose in Japan where the formulation of a city plan is required for controlling new construction is the opposite of those in Germany, France and The Netherlands.

The system of "Im Zusammenhang bebauten Ortsteile" and "Auß enbereich" (Germany), and the B plan of Germany, the PLU of France and the Bm plan of The Netherlands are characterized by plot-by-plot detailed reviews of the land use.

While the emphasis is on controlling new developments that would expand the built-up areas, there are virtually no cases where the size of the built-up area is restricted to reduce the area where development is possible.

Key words

Land use, city plan, suburb, Germany, im Zusammenhang bebauten Ortsteile, Auß enbereich, B plan, France, PLU, la carte communale, The Netherlands, Bestemmingplan

issue

Reports No.67/2006 Mar.

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