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„Baltic Challenges and Chances for local and regional development generated by Climate Change“ Target Area Assessment Project Partner Westmecklenburg Inventory Phase #2: Regional Planning Association 3) Existing Planning Documents/ Instruments Germany is the only country in the Baltic Sea Region, which has three levels of power in its political, administrative and planning system. Structure of the Political and Administrative System1 The principle of the vertical separation of powers, which contrasts with that of the unitary state, is crucial in understanding the structure of government and administration in Germany. The distribution of state authority in Germany between the Federation and the 16 individual states means that not only the Federation itself but also the constitutive states possess statehood. The federal structure laid down by the constitution provides for statehood at two levels: The federal state is composed of a central government (Bund) and a number of constitutive states (Länder or Bundesländer). The states have united to form a Federation under the name Federal Republic of Germany (Bundesrepublik Deutschland). The constitutions of the 16 constitutive states of the Federation vest them with state authority and with territorial and personal sovereignty. The third level of political and administrative power is represented by the municipalities: Municipalities (Kommunen), as corporate local self-governing bodies, have the right to manage all the affairs of the local community on their own responsibility within the limits set by law (selfgovernment tasks). In this respect they are exempt from direction and subject only to supervision limited to the question of the legality of administrative activities. This principle of local self-government for the municipal level is pivotal the operative key for the planning system in Germany. The federal structure of the state with the three levels of federal, state, and local government is decisive for the system of spatial planning in Germany. Spatial planning is accordingly decentralised. The distribution of competence and functions between the three levels of government produces a system with legally, organisationally, and substantively differentiated planning levels. While they are legally, organisationally, and substantively defined and clearly differentiated, they are interlinked by the mutual feedback principle as well as complex requirements of notification, participation, coordination and compliance. Federal spatial planning: Federal spatial planning is limited essentially to the development of: guiding principles and principles of spatial planning which also provide the legal basis for state spatial planning and superordinate specifications for sectoral planning. State spatial planning: State spatial planning authorities have to ensure that the goals and principles of national spatial planning and state spatial planning are respected and taken into account in local government planning. the acceptance of suggestions from local authorities and the required coordination of the local development goals with superordinate planning goals within the system of mixed top-down/bottom-up planning. The aim is to ensure that urban land-use planning does not contradict the development aims of state spatial planning but supports them, thus avoiding investment mistakes. Regional planning (as a part of state spatial planning) 1 Interreg-Projekt COMMIN (www.commin.org) Regional planning is concerned with the detailed elaboration, sectoral integration, and implementation of the goals of state spatial planning. the mediation between state spatial planning and local urban land-use planning. the adjustment of regional planning with federal and state spatial planning. Local urban land-use planning is a formal tool on the basis of the Federal Building Code. has to prepare and control the use of land for building or other purposes. has its aims and principles laid down in the form of planning guidelines. (Objectives include ensuring sustainable urban development and a socially equitable utilisation of land for the general good of the community, contributing to a more humane environment and to the protection and development of natural resources, and to the preservation and development of the urban cultural heritage.) is carried out on two levels: the preparatory land-use plan and the binding land-use plan. Regional Planning in the Federal State of Mecklenburg-Vorpommern Within the German spatial planning system, in keeping with the federal structure of government and the principle of decentralised administration, regional planning is a function of state spatial planning concerned with subdivisions of the territory. It is independent of comprehensive spatial planning, state spatial planning, and local planning, with its own functions of the Federal Spatial Planning Act. It is concerned with broad, supra-local, and cross-sectoral, foresighted planning for the spatial and settlement structural development of a region. It is differently regulated from state to state. In Mecklenburg-Vorpommern the planning regions are defined by state law. The state is divided into four planning regions. Westmecklenburg is one of these four planning regions. In Mecklenburg-Vorpommern, regional planning associations are the local government authorities responsible for spatial planning. Planning associations are bodies governed by public law (federal ministry of transport, building and regional development) on the principle of the special purpose association of local authorities. A planning association is a grouping of several counties/ cities for the purpose of joint, coordinated urban land-use planning. The aim is to take better account of the interests of closely interlinked communities than can be achieved if each municipality acts in isolation. A Regional Planning Association deals with territorial matters (settlement structure, open space structure and infrastructure) and has the duty to draw up a regional spatial structure plan (on basis of the state spatial structure plan) and to coordinate the spatially relevant sectoral planning (transport, energy, environmental, waste management and water management). Instruments to implement these duties are subdivided into formal instruments (spatial planning procedure, regional spatial planning programmes, statements and appraisals) and informal instruments (regional management and marketing, cooperation and project work). Planning Documents in the TA are: Name Focus of the planning document Regional Spatial Structure Plan Overall coordination plan for the Planning Region including the spatially relevant sectoral planning Giving specific form to the spatial planning goals set for the Target Area Overall coordination of the public transportation in the Target Area Responsible institution(s) Regional Planning Association Westmecklenburg Regional Regional Public Planning Transportation Association plan Westmecklenburg Federal state Implementation of urban land use Regional level planning Planning appraisals Association Westmecklenburg Time horizon/ validity Generally 10 years Geogra phical area Whole Target Area According to Whole necessity Target Area Permanent work Planning Documents in the TA dealing with sustainability and climate change are: Name Focus of the planning document Responsible Time institution(s) horizon/ validity Regional Including sustainability and climate Regional Generally Spatial change (mitigation and adaptation) Planning 10 years Structure Plan into the overall planning goals of the Association region and with more detail into Westmecklenburg sectoral planning (spatial structure, settlement, transport, energy, environment etc./ the latest RSSP will be completed in 2010-11) Regional Including mitigation and adaptation Regional According to Public strategies into the public Planning necessity Transportation transportation planning (the latest Association plan RPTP will be completed in 2010-11) Westmecklenburg Federal state Implementation of urban land use Regional Permanent level planning in sustainability and climate Planning work appraisals change related topics Association Westmecklenburg Whole Target Area Geogra phical area Whole Target Area Whole Target Area Whole Target Area