spatial planning in germany and poland alexander tölle workshop „borderland: border landscapes...
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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
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
Spatial Planning in Germany and PolandPlanning levels
Poland
National PlanningNational Spatial Management Concept
Adoption Consultation
Voivodeship PlanningVoivodeship Spatial Management Plan
(Metropolitan Spatial Management Plan)
Adoption Assessment
Communal PlanningStudy of the Conditions and Directions of
Spatial ManagementLOCAL SPATIAL MANAGEMENT PLAN
Spatial Planning in Germany and PolandPlanning levels
Poland
National PlanningNational Spatial Management Concept
Adoption Consultation
Voivodeship PlanningVoivodeship Spatial Management Plan
(Metropolitan Spatial Management Plan)
Adoption Assessment
Communal PlanningStudy of the Conditions and Directions of
Spatial ManagementLOCAL SPATIAL MANAGEMENT PLAN
Spatial Planning in Germany and PolandPlanning levels
But…:
National Planning
Voivodeship Planning
Communal Planning
Spatial Impact
Spatial Planning in Germany and Poland
Local Spatial Management Plans and new housing development in Poznań,
1999-2007
Author: Adam Radzimski
Poland
National PlanningNational Spatial Management Concept
Adoption Consultation
Voivodeship PlanningVoivodeship Spatial Management Plan
(Metropolitan Spatial Management Plan)
Adoption Assessment
Communal PlanningStudy of the Conditions and Directions of
Spatial ManagementLOCAL SPATIAL MANAGEMENT PLAN
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
Spatial Planning in Germany and PolandPlanning levels
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
Spatial Planning in Germany and Poland
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
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
Germany
- Formal announcement of intention to prepare a plan - Public presentation and discussion of preliminary draft plan / sketches, collection of motions
- 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
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
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
Participation in Planning Process
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
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.
Participation in Planning Process
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
Spatial Planning in Germany and PolandCross-over view
Poland
Planning=
Preparing formal planning documentsin order to foster and regulate development
Structures based on hierarchies and predominance
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
Principle of countervailing influence
Spatial Planning in Germany and PolandCross-over view
Poland
Planning=
Preparing formal planning documentsin order to foster and regulate development
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=
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
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)
Spatial Planning in Germany and PolandTwin-city planning
Strategy Frankfurt-upon-Oder – Slubice 2003
Spatial Planning in Germany and PolandTwin-city planning
Strategy Frankfurt-upon-Oder – Slubice 2003
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
Spatial Planning in Germany and PolandTwin-city planning
Strategy Frankfurt-upon-Oder – Slubice 2003
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
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
Spatial Planning in Germany and PolandTwin-city planning
Strategy Frankfurt-upon-Oder – Slubice 2003
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
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!
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
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
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
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
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
Spatial Planning in Germany and PolandCross-border metropolitan planning
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.
Spatial Planning in Germany and PolandCross-border metropolitan planning
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.
Spatial Planning in Germany and PolandCross-border metropolitan planning
Dilemma concerning informal planning
procedures!