What are the types of building claims
1. Land use plan
The zoning plan represents the legally permissible type of land use for the entire urban area. It is only binding for authorities and public bodies, but does not yet justify any building claims.
As a preparatory master plan on a scale of 1:20,000, it shows the basics of the planning. It leaves room for the development plans that are developed from it.
A large number of plans and other usage regulations according to other statutory provisions are part of the land use plan. For the sake of clarity, they are also summarized in a separate sheet "Informational transfers, markings and notes".
New planning goals of the city of Hamburg as well as small-scale changes make a constant review of the land use plan necessary.
2. Development plan
The development plan, as a binding master plan, stipulates the possible uses of the properties that are within its scope. It is legally binding for everyone.
From the development plan on a scale of 1: 1000 (in exceptional cases: 1: 500 or 1: 2000) it can be read off which use is stipulated with how many floors and in which building density for the individual plots. In addition, the area that can be built over, determined by building lines and building limits, can be recorded.
Zoning plans are intended to ensure sustainable urban development and socially fair land use in line with the general welfare. They are intended to help ensure a humane environment and to protect and develop the natural foundations of life - Section 1, Paragraph 5 of the Building Code (BauGB). When drawing them up, public and private interests must be weighed up against each other and with one another fairly - Section 1 (7) of the BauGB.
Development plans regulate the general admissibility of building projects in a planning area. It is up to the individual landowner whether and when he would like to implement a building project within the framework specified by the development plan.
The project-related development plan is a special form of the development plan. It relates to a project that has already been precisely defined and is to be implemented by an investor. The project and development plan is part of the project-related development plan and is coordinated between the investor and the municipality on the basis of the building code. The municipality regulates the development measures to be provided and the implementation of the project with the investor via an implementation contract. The project and development plan is used to implement construction projects. The list is based on the general provisions of the development plan procedure. As a further procedure there is the building plan for the interior development according to § 13 a BauGB, in which the so-called "accelerated procedure" can be used under certain conditions.
Existing development plans and those in the process can be viewed on the Internet: http://www.hamburg.de/bebauungsplaene-online/
3. Informal planning
In addition to the legally standardized planning procedures (drawing up or changing development and land use plans, plan approval procedures), there are informal planning in the area of urban planning. The urban development goals for larger urban districts (framework plan, master plan) or individual delimited areas (functional plan) are formulated in informal planning and a development concept is drawn up.
The urban planning concept for a subsequent development plan procedure is often developed in a master plan or functional plan that has been drawn up in advance. Informal planning is not tied to any formal procedural steps, is not legally binding and can usually be updated.
4. Construction stage plan
For many areas in Hamburg there are plans that were drawn up before 1960, before the Federal Building Act came into force for the first time. These include the construction stage plans. They continue to apply as transferred development plans. Their density of regulation is less than today's development plans. They do not contain any stipulations on traffic areas (streets, sidewalks, etc.) and are therefore considered to be so-called "simple" development plans. In these, the permissibility of projects, insofar as the plan does not make statements under planning law, depends on whether it is in the peculiarity of the closer environment.
5. Partial development plan
Partial development plans were issued between 1927 and 1961 on the basis of the 1923 development plan law. They continue to apply as transferred development plans. Partial development plans contain only a few regulations. They primarily established building and / or street lines with regard to building and non-building land areas. In addition, some partial development plans also contain more far-reaching stipulations that have been transferred in a binding manner.
Partial development plans are simple development plans. Together with a construction stage plan, however, you can over-plan an area in a qualified manner.
6. Implementation plan
Large parts of Hamburg were destroyed by air raids in World War II. In order to rebuild the destroyed urban area as quickly as possible, implementation plans were issued between 1951-61. As a rule, implementation plans were drawn up when the options for stipulating the construction stage plans and partial development plans were not sufficient, e.g. to implement basic land planning measures or certain building bids. Textual explanations exist for the implementation plans, which, in addition to the justification for the plan objectives, also provide information on land management and the time sequence. The planning area is often very small and only includes one or more street blocks.
Implementation plans contain stipulations on the type of use, the degree of use and the type of construction and also stipulations on road traffic areas. As a result, implementation plans are qualified development plans.
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