Inner-area bylaws; enactment

Planning law generally distinguishes between ‘inner areas’ and ‘outer areas’. ‘Inner areas’ are defined as contiguously developed localities characterised by a continuous, interconnected pattern of development that reflects an organic settlement structure. Outer areas are those areas outside contiguously built-up localities and outside the scope of (qualified or project-specific) development plans (see also ‘Development plan; Information’ under ‘Related topics’).

Local authorities may, by virtue of their statutes,

1. to define the boundaries of contiguous built-up areas (boundary regulations),
2. designate built-up areas in the countryside as contiguous built-up districts if the areas are shown as building land in the land-use plan (designation by statute),
3. incorporate individual outdoor areas into the surrounding built-up neighbourhoods if the areas in question are characterised by the development of the adjacent area (Incorporation By-law).

 

The Delimitation By-law has merely a declaratory effect. It sets out which plots of land still form part of the contiguously built-up localities and which are already classified as part of the outlying area.

By means of a designation by-law, the local authority may designate built-up areas in the outlying area as contiguous built-up districts, provided that the area is shown as a building zone in the land-use plan. Such a by-law is therefore only possible if there is already a corresponding designation in the land-use plan and if a certain degree of built-up cohesion actually exists.

Through an inclusion by-law, individual areas in the outer zone may be incorporated into the inner zone if they are already characterised accordingly by the built-up nature of the adjacent area. When such characterisation can be assumed depends on the specific circumstances of each individual case.

The legality of a designation or inclusion by-law requires that it be compatible with orderly urban development; it does not justify the permissibility of projects subject to a mandatory environmental impact assessment, and there are no indications of any adverse impact on the conservation objectives and the purpose of protection of sites of Community importance and European Special Protection Areas within the meaning of the Federal Nature Conservation Act.

The by-laws may also contain provisions that regulate the admissibility of building projects in greater detail. The designation and inclusion statutes are drawn up in accordance with a procedure laid down by law, in which both the public concerned and the relevant authorities and other bodies representing public interests are given the opportunity to submit comments within a reasonable period.