Regulierung des Siedlungsflächenwachstums als Herausforderung des Raumordnungsrechts

Klaus Einig

»In Germany, there is growing political concern about the continuous growth of built-up areas. There have been many attempts to fight urban sprawl, the development of urban spatial patterns with low density, and large outward expansion. But state and regional planning has not been as effective as its protagonists had hoped. Until now, land use regulation has generally emphasized so-called command-and-control approaches, which specify zoning standards that give little flexibility to regulated communities. A command-and-control approach in regional planning identifies a specific goal (for example, maximum allowable urban development in an area of open space) and gives communities some latitude in meeting this target. Over the past several years, the political debate has evolved rapidly, giving increased attention to a promising set of new policies in land use regulation that recognize the potential role of market forces in achieving sustainable urban forms. A new tool for controlling urban sprawl was designed: tradable zoning rights. This marketbased instrument represents a departure from the conventional form of commandand-control regulation in regional planning. Until now, however, policymakers have largely ignored this suggestion. More successful steps will involve the design of market mechanisms for conventional approaches to land use regulation that are politically acceptable. ...«

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