Spatial planning procedure (ROV)
The spatial planning procedure is an assessment and coordination procedure that precedes the approval and authorisation procedure. In the Federal States of Berlin and Brandenburg, the Joint Spatial Planning Department is responsible for conducting the spatial planning procedure. The legal basis for the spatial planning procedure is the Federal Spatial Planning Act (ROG), and the federal government’s Planning Regulation (ROV), the State Planning Treaty (LPlV) as well as the Joint Spatial Planning Procedure Regulation of the Federal States of Berlin and Brandenburg (GROVerfV).
The spatial planning procedure serves to assess projects of spatial significance regarding their compliance with spatial planning requirements and their compliance with other planning and measures.
Spatial planning requirements result in particular from state development and regional plans as well as lignite plans. Projects of spatial significance usually have a considerable impact on the environment. In such cases, an environmental compatibility assessment is also carried out in the context of the spatial planning procedure. The spatial planning procedure is conducted at a relatively early stage in the planning process to identify conflicts in time and, as the case may be, to work towards an optimal project or site alternative. This helps to avoid undesirable developments as well as the time- and cost-intensive planning of details for unsuitable alternatives.
The Joint Spatial Planning Department assesses whether a spatial planning procedure is required for the planning of a project of spatial significance that has been registered or has otherwise become known. Usually, an application meeting is held prior to commencement of the procedure in order to assess and determine the required scope of investigation. The project sponsor subsequently compiles the procedure document. The spatial planning procedure is opened after the assessment of this document.
The public authorities that are affected by the procedure in their sectoral and territorial area of responsibility and usually also the public are consulted in writing on the basis of the procedure document. The Joint Spatial Planning Department assesses the identified spatially significant impact on the fields of relevance to spatial planning, legally protected environmental assets and the affected regions of the European ecological network Natura 2000 with respect to compatibility with spatial planning requirements. The procedure is concluded by a spatial planning assessment and notification of the project sponsor as well as all involved parties.
The result of the spatial planning procedure must be taken into account by the public authorities that are responsible for approving a project on the basis of relevant legislation or the municipalities when compiling urban land-use plans. It has no immediate legal effect on individual citizens.
The brochure ‘Raumordnungsverfahren im gemeinsamen Planungsraum Berlin-Brandenburg’ (Spatial planning procedures in the joint planning region Berlin-Brandenburg) ‘Raumordnungsverfahren im gemeinsamen Planungsraum Berlin-Brandenburg’ further information. Details about the completed spatial planning procedures are recorded by the Spatial Planning Registry (ROK).