Spatial Planning in Germany and Poland Alexander Tölle Workshop „Borderland: Border Landscapes...

Spatial Planning in Germany and Poland

Alexander Tölle

Workshop „Borderland: Border Landscapes Across Europe”Słubice, 5th May 2014

Germany

1949 Basic Constitution Law

1960 Federal Building Act

1965 Spatial Order Act

1971 Urban Development Promotion Act

1986 Building Law Code

1990 Transfer of Spatial Order Act and Building Law Code to East Germany

(with temporary amendments)

Spatial Planning in Germany and PolandLegal base

Poland

1990 Local Government Act

1994 Spatial Management Act

1999 Reform of Territorial Administration– Introduction of supralocal and regional units

2003 Spatial Planning and Management Act

Germany

1949 Basic Constitution Law

1960 Federal Building Act

1965 Spatial Order Act

1971 Urban Development Promotion Act

1986 Building Law Code

1990 Transfer of Spatial Order Act and Building Law Code to East Germany

(with temporary amendments)

Spatial Planning in Germany and PolandLegal base

In Poland:

Spatial Economy(Gospodarka przestrzenna)

First phase:Spatial Planning

(Planowanie przestrzenne)

Result:Spatial Management

(Zagospodarowanie przestrzenne)

In Germany:

Spatial Planning(Raumplanung)

Synonym:

Spatial Development(Raumentwicklung)

Spatial Planning in Germany and PolandKey terminology

Spatial Development in Poland is an anticipated prerequisite for spatial management and planning. Planning is about the preparation of investments (in the sense of controlling development).

Spatial Planning in Germany and PolandKey understanding

Spatial Development in Poland is an anticipated prerequisite for spatial management and planning. Planning is about the preparation of investments (in the sense of controlling development).

Spatial Development in Germany is an activity for making a territory socioeconomically, culturally etc. more competitive by balancing interests (in the sense of integrated development).

Spatial Planning in Germany and PolandKey understanding

Spatial Planning in Germany and PolandPlanning levels

Poland

National PlanningNational Spatial Management Concept

Voivodeship PlanningVoivodeship Spatial Management Plan

(Metropolitan Spatial Management Plan)

Communal PlanningStudy of the Conditions and Directions of

Spatial ManagementLOCAL SPATIAL MANAGEMENT PLAN

Germany

Federal Spatial Order PlanningSpatial Order Principles

Federal State Spatial Order PlanningSpatial Order Plan

(Regional Plan)

Communal Planning

Land Use Plan

BUILDING DEVELOPMENT PLAN


Poland


Adoption Consultation



Adoption Assessment




Poland





Adoption Assessment




But…:

National Planning

Voivodeship Planning

Communal Planning

Spatial Impact


Local Spatial Management Plans and new housing development in Poznań,

1999-2007

Author: Adam Radzimski

Poland





Adoption Assessment



Germany

Federal Spatial Order PlanningSpatial Order Principles

Countervailing Influence

Federal State Spatial Order PlanningSpatial Order Plan

(Regional Plan)

Countervailing Influence

Communal Planning

Land Use Plan

BUILDING DEVELOPMENT PLAN


Operational Planning Tools

Germany

Special Urban Planning Legislation

Urban Regeneration ZoneUrban Development Zone

Urban Protection ZoneMilieu Protection Zone

Restructuring Zoneect.

Spatial Planning in Germany and PolandOperational planning

Operational Planning Tools

Germany

Special Urban Planning Legislation

Urban Regeneration ZoneUrban Development Zone

Urban Protection ZoneMilieu Protection Zone

Restructuring Zoneect.

Poland

?

Spatial Planning in Germany and PolandOperational planning


Local Revitalisation Programmes


Important Polish laws or law initiatives that have failed

Draft Act on Urban Revitalisation Programs(2003, never adopted)

Draft Act on Metropolitan Areas(2007, never adopted)

Act on Building and Operating Large-Scale Retail Objects(adopted in 2007, repealed by High Court Decision in 2008)

Draft for (New) Spatial Planning and Management Act(2009, never adopted)

Spatial Planning in Germany and PolandParticipation and informal planning

Poland

- Formal announcement of intention to prepare a plan- Collection of motions on the plan to be prepared

- Preparation of a draft plan- Putting the draft plan on public display- Assessment of observations on the draft plan- Possibly amendments to draft plan- Adoption of the plan by local council

Participation in Planning Process


Poland



Germany

- Formal announcement of intention to prepare a plan - Public presentation and discussion of preliminary draft plan / sketches, collection of motions




Poland



Germany

“Early Participation” *)

- Formal announcement of intention to prepare a plan- Preparation of a preliminary draft plan / sketches - Public presentation and discussion of preliminary draft plan / sketches, collection of motions

“Formal Participation”- Preparation of a draft plan- Putting the draft plan on public display- Assessment of observations on the draft plan- Possibly amendments to draft plan- Adoption of the plan by local council



Poland



Germany

“Early Participation” *)

- Formal announcement of intention to prepare a plan- Preparation of a preliminary draft plan / sketches - Public presentation and discussion of preliminary draft plan / sketches, collection of motions

“Formal Participation”- Preparation of a draft plan- Putting the draft plan on public display- Assessment of observations on the draft plan- Possibly amendments to draft plan- Adoption of the plan by local council

*) Key element: the preparation of informal communal planning documents neither requested nor defined by planning legislation, e.g. city development plans, plans for the development of specific territorial parts of the commune, urban framework plans, various types of thematic plans, project-specific masterplans.


Spatial Planning in Germany and PolandCross-over view

Poland

Planning=

Preparing formal planning documentsin order to foster and regulate development

Germany

Planning=

establishing a consensus (in the form of informal documents) on how to deal with conflicting uses and functions in a given

space+

Preparing formal planning documents – turning the outcome of planning processes

into legally binding documents


Poland

Planning=


Structures based on hierarchies and predominance

Germany

Planning=


space+



Principle of countervailing influence


Poland

Planning=


Structures based on hierarchies and predominance

Planning legislation to enable control of development (and of authorities); principle

of land ownership = right to build

Germany

Planning=


space+



Principle of countervailing influence

Planning legislation to enable land use in a way to enhance the public good;

principle of “property obliges”

Spatial Planning in Germany and PolandCross-border planning

Study on the Directions of Spatial Management for the Area Along the Polish-German Border

(Studium kierunkowego zagospodarowania przestrzennego obszaru wzdłuż granicy polsko-niemieckiej)

Spatial Order Guiding Principles for the Area Along the German-Polish Border

(Raumordnerische Leitbilder für den Raum entlang der deutsch-polnischen Grenze)

Spatial Planning in Germany and PolandTwin-city planning

Frankfurt-upon-Oder – Słubice

Joint City Development Study 1994

Strategy Frankfurt-upon-Oder – Slubice 2003

Joint Integrated Urban Development Concept (in progress)



Słubice

No need to prepare local spatial management plans = no need for spatial planning

Redesigning of the town places by different contractors selected by tender bit

proceedings

Upgrading of the riverfront in the cause of maintenance work



Słubice



proceedings


Frankfurt

Definition of spatial design guidelines in the cause of preparation of informal development

plans (inner city area, green city ring)

Definition of planning provisions for central places including outline, use and function of

adjacent lots by different planning procedures (e.g. workshops, design competition tools)

Redesigning of the riverfront according to a special informal planning document



Słubice



proceedings


Frankfurt

Definition of spatial design guidelines in the cause of preparation of informal development

plans (inner city area, green city ring)

Definition of planning provisions for central places including outline, use and function of

adjacent lots by different planning procedures (e.g. workshops, design competition tools)

Redesigning of the riverfront according to a special informal planning document

Dilemma concerning informal planning

procedures!

Spatial Planning in Germany and PolandCross-border metropolitan planning

Metropolitan Planning in Poland

Metropolitan Areas to be delimited by national level (has not happened)

Preparation of Metropolitan Area Spatial Management Plan as part of Voivodeship

planning





planning

Metropolitan Planning in Germany

Metropolitan Areas have been delimited by federal level

Metropolitan planning (in various structures) is seen as a task of spatial order (regional)

planning, however integrating communes by the principle of countervailing influence





planning

Dilemma: In Poland metropolitan planning is a regional planning task, spatial impact of planning however depends upon communal planning!

Metropolitan Planning in Germany

Metropolitan Areas have been delimited by federal level

Metropolitan planning (in various structures) is seen as a task of spatial order (regional)

planning, however integrating communes by the principle of countervailing influence


Towards a Joint Development Conceptfor the Szczecin Cross-Border Metropolitan Region

but…

…different engagement of communes in Germany and Poland in planning process,

…different binding force of planning provisions for communes in

Germany and Poland.


Towards a Joint Development Conceptfor the Szczecin Cross-Border Metropolitan Region

but…

…different engagement of communes in Germany and Poland in planning process,

…different binding force of planning provisions for communes in

Germany and Poland.


Dilemma concerning informal planning

procedures!

Thank You for Your Attention!

Spatial Planning in Germany and Poland Alexander Tölle Workshop „Borderland: Border Landscapes...

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