Das „urbane Gebiet“ zwischen Bauplanungsrecht und Immissionsschutzrecht

The work deals with the "urban area" of Sec. 6a of the German Building Use Ordinance (Baunutzungsverordnung). The subject matter is the connections between the urban area and building planning law as well as immission control law. The urban area was introduced into the Building Use Ordinance by the “Law for the Implementation of the Directive 2014/52/EU” in order to promote the densification of inner-city areas. The goal is to combat housing shortage and to protect the environment by sparing outer areas. The work shows that with regard to the urban area, a shifted system between building planning law and immission control law has emerged. The benefits and opportunities of the urban area fall short of the federal government’s ambitious goal.