Development planning
Municipalities draw up development plans as soon as and insofar as this is necessary for urban development and order (Section 1 (2) of the German Building Code). The development plan expresses the municipality's planning intention for a spatially defined sub-area. It creates the legal conditions for the realization of the intended use, e.g. building development, leisure use, etc.
Development plans are bylaws of the municipality, i.e. binding local law that contains regulations on
- the permitted uses
- building development and
- open space design, planting and fencing of the properties in the planned areas.
Please find out about the city's development plans before changing the use of your property or building on it in Offenbach. You can obtain information on this and on all pending planning law issues from our building consultancy/planning law information service.
The procedure for drawing up a development plan is regulated in the Federal Building Code. It involves the multi-stage participation of citizens and public bodies in the planning process. There is no entitlement to the creation of a development plan; the decision on this and the creation itself is the responsibility of the municipality. The decision that a development plan is to be drawn up is made by a resolution of the municipal council, the "resolution to draw up a development plan" in accordance with Section 2 (1) BauGB.
The resolution to draw up the development plan is officially published in the Offenbach Post. Once a preliminary draft of the development plan has been drawn up, it is presented and explained to citizens (in accordance with Section 3 (1) BauGB) and the affected public bodies (in accordance with Section 4 (1) BauGB). Citizens and public agencies are given the opportunity to submit comments and suggestions on the planning. The administration announces events and opportunities for participation in the Offenbach Post.
The collection and evaluation of suggestions received on the planning leads to a review and, if necessary, revision of the preliminary draft of the development plan. In accordance with Section 1 (6) BauGB, the decision on further planning requires a fair weighing of all public and private interests against and among each other. Any revised plans will now be submitted to the city councillors for approval as a "development plan draft".
Public interpretation
On the basis of this resolution, a second participation stage takes place: in accordance with Section 3 (2) BauGB, citizens and public bodies are given another opportunity to view the plans and comment on them as part of the "public display" of the draft development plan. The implementation and deadline for the public display will be officially announced in the Offenbach Post.
The suggestions received during the public display will be weighed up again and a fair decision made. This decision is made by the city council. Citizens and public bodies whose suggestions were discussed are informed of the decision of the municipal council. If the result of the consideration process requires further changes to the plan, the public display must be repeated.
Consideration and decision
As soon as the result of the weighing-up process confirms the draft development plan unchanged, the development plan can be adopted as a statute by the municipal council. This is followed by the procedure for bringing the development plan into force, which ends with the official publication of the development plan as a statute. With this announcement, the development plan becomes legally binding
