Die Reduzierung der Flächeninanspruchnahme durch das Bauplanungsrecht

Land use is a notorious problem in Germany, whose effects politicians have been aware of since the 1970s at the latest. They constantly set goals to deal with the problem, such as the government’s sustainability strategy, but it is construction and planning law that will play a decisive role in solving it. This study by Anne Herrmann is the first to explain comprehensively and in detail that construction and planning law offers a variety of ways to reduce land use. At the same time, it examines whether the law is sufficiently equipped to prevent extensive land use. Using examples and precise definitions, the author highlights the numerous ways in which land use could be reduced and lists them in order of importance, depicting and evaluating each one’s relevant norms. She not only identifies the representation and regulatory options in urban land-use plans, but also the importance of striking a balance between planning objectives and planning guidelines, the rules on alternative planning and the steps involved in special urban planning legislation. Moreover, this study discusses the effect of the relevant norms of the ways in which land use could be reduced. In doing so, it analyses, among other issues, land-use management, the conservation of resources and possible forms of cooperation, such as through cooperative urban planning legislation.