Bebauungsplan - Änderung
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The amendment of a development plan is a change in the content of the provisions of an existing development plan.
If stipulations such as the delineation of the area of application, the type of planned development, the buildable area of the property or the traffic areas are to be changed, these changes must undergo an amendment procedure in accordance with the provisions of the Building Code. They must be consistent with the representations in an existing land use plan. As a rule, the amendment of the land use plan is required in a parallel procedure with the amendment of the development plan.
Development plan and explanatory memorandum with information in accordance with § 2a BauGB (environmental report) and stipulations regarding changes to the stipulations
The costs of amending the development plan are to be borne by the municipality (or by an investor in the case of a project-related development plan). There are no costs for the citizen.
A land-use plan amendment procedure basically proceeds in the same way as a land-use plan preparation procedure.
The changes must go through an amendment procedure so that they are consistent with the representations in an existing land use plan. As a rule, the amendment of the land use plan is required in a parallel procedure with the amendment of the development plan. If the basic principles of the original planning are not affected, the German Building Code (BauGB) provides for the possibility of a "simplified procedure". In this case, some procedural steps can be omitted or shortened (see § 13 BauGB).
1. resolution on the preparation of the amendment (or supplement) to the development plan
2. development of the plan concept
3. Early participation of the authorities and other public agencies
4. early public participation
5. revision of the plan concept
6. formal participation of the authorities and other public agencies
7. revision of the plan concept
8. resolution on drafting and display of the plan
9. public display
10. examination of the comments
11. consideration, resolution on statutes
12. announcement
The duration of the procedure depends on the nature and complexity of the changes.
During the early public participation and the one-month public display, citizens can inform themselves about the changes to the development plan. The location and duration of the public display must be announced at least one week in advance. Comments from citizens are only possible during the one-month public display period.
Depending on the weight of the changes, e.g. if the basic principles of the original planning are not affected, the German Building Code (BauGB) provides for the possibility of a "simplified procedure". This means that some procedural steps can be omitted or shortened.
In the event of an amendment to the development plan, the legally binding stipulations for urban development and order are changed.