The four minimum provisions
A local plan is qualified where, alone or together with other building law provisions, it contains at least four provisions. They must all be present.
| No. | Provision |
|---|---|
| 1 | the type of development |
| 2 | the extent of development |
| 3 | the developable areas of the plot |
| 4 | the local access roads |
Where even one of these four is missing, the plan is simple and not qualified. The consequence is that a different provision governs permissibility.
The consequence is substantial: a qualified plan is the exhaustive basis of assessment. A simple plan applies only so far as its provisions reach; for the rest, assessment against the surroundings or under the outer zone regime is added.
Alongside these two forms stands the project-related plan, prepared for a specific scheme and likewise exhaustive. It replaces assessment under the general provisions.
The conditions for a project
Within a qualified plan a project is permissible where two conditions are met. They are exhaustive and are not supplemented by a fitting-in test.
| Condition | What it requires |
|---|---|
| It does not contradict the provisions of the plan | what governs is the full catalogue of provisions, not merely the four minimum ones |
| Servicing is assured | legally and factually guaranteed, not necessarily already built |
Where both are met, an entitlement to consent exists, provided building regulations law is also observed. The authority has no discretion in that respect.
What a simple plan leaves open
Simple plans are commoner in practice than their profile suggests, particularly in older settlements. Their assessment proceeds in two stages.
They operate in two layers:
| Reach | What applies |
|---|---|
| So far as their provisions reach | they bind; where a plan sets only the type of use, that provision applies |
| For everything else | § 34 or § 35, according to whether the plot lies in a built-up area or the outer zone |
A checking sequence follows: first establish whether a plan exists, then whether it is qualified, and only then determine the applicable regime. The article on development in unplanned built-up areas covers the supplementary assessment.
Where to find the plan
Local plans are prepared by the municipality and inspected there. Many municipalities now publish them digitally.
A full assessment requires more than the plan drawing. Three further components must be consulted.
| Component | Significance |
|---|---|
| The written part | supplements the graphic provisions and frequently contains the economically most significant rules |
| The reasoning | supports interpretation without itself being a provision |
| Local building provisions | may be incorporated into the plan and contain design requirements |
Anyone consulting only the drawing regularly overlooks provisions bearing on the design. The written part is the commonest place they sit.
Where a project departs
Where a project departs from the provisions, two routes exist and must be distinguished. One is anticipated within the plan, the other is not.
| Route | Basis | Condition |
|---|---|---|
| An exception | anticipated within the plan itself | the plan or the land use ordinance provides for certain uses by way of exception |
| A derogation | concerns departures the plan does not anticipate | tied to statutory conditions |
Both must be applied for and justified. For project planning that means additional procedural time and a risk to be reflected in the programme.
What follows for cost work
Three relationships between plan and cost are frequently overlooked in early assessments. All three take effect before the first cost estimate.
| Relationship | Cost effect |
|---|---|
| The extent of development determines the achievable area | site coverage and floor space ratios limit what can be built on the plot |
| Provisions on parking and green space generate their own costs | they sit outside building costs and are absent from benchmarks per square metre |
| Design provisions act on execution | requirements on materials, roof forms or colour can raise the standard |
Related articles
This article reflects the position of the rules at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.