Incentives, Regulations and Plans
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Incentives, Regulations and Plans

The Role of States and Nation-states in Smart Growth Planning

Edited by Gerrit-Jan Knaap, Huibert A. Haccoû, Kelly J. Clifton and John W. Frece

This unique book allows readers to compare analyses of how North American states and European nation-states use incentives, regulations or plans to approach a core set of universal land use issues such as: containing sprawl, mixed use development, transit oriented development, affordable housing, healthy urban designs, and marketing smarter growth.
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Chapter 4: Mixed Land Use in Germany: Opportunities, Benefits, and Constraints

Claus-Christian Wiegandt


4. Mixed land use in Germany: Opportunities, benefits, and constraints Claus-Christian Wiegandt BACKGROUND: LEGAL FRAMEWORK AND ORGANISATION OF URBAN DEVELOPMENT IN GERMANY A mixture of land uses is an objective pursued today by many urban planners in Germany at the federal level, the Länder level and at the level of local municipalities. There is a general consensus in the policy and the academic debate that mixed structures should be put on greenfield sites and on brownfields. To understand the opportunities for reaching this general objective the legal framework and the organisation of urban development have to be considered. Urban Policy as a Common Task of the Federal Government, the Länder and the Municipalities In the Federal Republic of Germany, local municipalities represent another layer of public administration in addition to the federal government and the 16 Länder. The territory of Germany is covered almost completely by the over 14 000 municipalities. The size of the municipalities varies: the number of inhabitants ranges from a few hundred to several hundred thousand in the big cities, which also have the legal status of a municipality. The state cities of Berlin, Hamburg and Bremen, which are both Länder and municipalities, are unique. The tasks of urban development and urban planning are important elements of the municipal self-administration, which is guaranteed by the German Basic Law. This status results in communal planning authority, which means that local municipalities have far-reaching independence in planning. However, a super-ordinated framework...

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