Acta Polytechnica Vo!. 43 No. 2/2003 Tendencies in Spatial Planning in Austria K. Hladká In Austria tkere is afederal system, where tke power is shared between national (Bund) and regional (Land) governments, with each having autonomy in some spheres, and able to pass laws. Power resides with the national government, although certain responsibilities may be delegated to regional governments. ln Austria tke national government has no competence in spatial planning, but planning at the nationallevel is undertaken through a joint Jorum which has advisory powers, and in which the national government and the !.Jinder Austrian are equal partners. At regionallevel the Austrian Uinder play tke primary role in spatial planning. The Austrian national government has only limited responsibilities. Keywords: Austria Conference on Regional Planning (OROK), Bund, Land/Ldnder, OSTAT (Austrian Central Statistical Office). 1 Introduction With Austrian accession to the EU (1995) and integra­ tion into the West European Single Market, changes have also taken place in the institutional framework conditions. The new regional structures in Europe, liberalisation of the reformed Lánder, their newly defined political and social orientation, together with the progressive integration of the West European states, are also relevant for the orientation of national spatial planning. The new Europe requires a new political level of aetion, spatial planning on an European scale. 2 Spatial planning in Austria The terms Raumordnung (space arrangement) and Raumplanung (spaee planning) are not used in an uniform way in Austria. These terms were developed and have been used differently in eaeh Land. The term Raumplanung (spaee planning) was established by article No. 118 ofthe Constitu­ tional aet 1929 as a term in loeal and supraloeal planning. The term Raumordnung (spaee arrangement) is defined as an aetivity or aim and result of this aetivity. The aim of Raumordnung (spaee arrangement) is not only planning of land use but also includes all measures which innuence the kind of space development. The term Raumordnung (spaee arrangement) should be used as a description for the aim of an aetivity, and the term Raumplanung (space planning) as the result of this aetivity. The federal and nationallevels The Federal government does not have the constitutional right to treat spatial planning on the nationalleve! as a task of the Bund (federal authorities). That is why, in the narrower sense, there are no binding plans or medium term eoncepts at the national leve!. In individual ministries there is seetoral planning with spatial planning aspeets. Planning by the Uinder or the communities has to take federal plans into account. Because of the strict division of competences between the territorial administrative author­ ities, and the lack ofany body with competence at the national leve!, co-ordination between the Federation and the Provinees has been neeessary. 10 The Austrian Development Concept oj1991 [1] The Austrian Regiona! Planning Coneept represents planning policy at Land level providing guidance for relevant regional planning measures earried out at federal, Land and loeal leve\. This pIan serves as a model for the Bund, the Lander and communities. This pian provides recom­ mendations, and is primarily a set of guide!ines for the administration, but also serves as a souree of information for members of the public ioterested in spatial development. Seetion I • deals with the ehanged conditions for Austrian spatial planning and regiona! development Section II • the economical use of space and the environment • regional development policy Sectioo III • deals with major spatial problem areas in seleeted sectors and proposes conerete goals and intensifieation of protect­ ive measures • the setting of limits on areas developed for tourism • promotion of appropriate agriculture and forestry c10se to nature • the introduction of enviroomental impact assessments Section IV • summary of aH short-term measures that can be started or implemented to implement the concept quiekly 3 The land level The Lander have enaeted spatial planning legislation. In general, these laws eoDtain no speeifie regional plans, but define the goals of such planning. In formal terms, the Land laws determine the planning instruments of eaeh Land and, in much greater detail, the obligations of the communities to carry out local planning. The leve! of planning relating to the regions is covered by the Land in question, since there is no territorial ad­ ministrative authority at this level, and hence no political interest in institutional formo Acta Polytechnica Vol. 43 No. 212003 State Deuelopmcnt Plnns The plans envisaged in spatial planning laws for the entire territory of a [,and are comprehensive in content and are issued by the governments of the Linder as offrcial decrees. These are binding for the authorities themselves in imple- menting sectoral and regional planning, for carrying out their supervisory functions over the municipalities, and finally also for the local spatial planning activities of the municipalities. The validity of the Developmenr Plans of the L'dnder is not limited. The plan defines in part the regions for regional planning as well as the subject fields for the sectoral plans, and lay down the minimum content requirements. Re gional Dnelopment Plarn Regional Development Plans are set up in the form of decrees issued by the governmenrs of the Liinder. They are binding for spatial planning on local level municipalities. 'fhese plans are not limited in duration. Regional Develop- ment Plans usually contain goals in several sectors for a region. These are general goals depending on the Land and on the plan, but may sometimes be formulated quite specific- ally. Responsibility for Regional Development Plans lies with the spatial planning departments of the governments of the L:inder. According to their conrenr or level of detail, they represent guidance or limitations on local authority planning. The regional spatial development plans also cover specific measures. Mostly areas of suitability are identified, for agri- culture, tourism or industrial use. The degree of detail can be seen from the scale, which ranges from l:25 000 to l:200 000. Sector Plnnnzng of thz kindcr This plan deals with spatial planning measures in a limit- ed sector. As decrees, these are binding on the administration of the Land and municipality. As government resolutions they are only binding on the administration of the Land. Sectoral plans are usually only valid for a certain period of time. 4 The communal level All the communal level spatial planning covers the whole area administred by communities. The communities have a legal obligation to engage in spatial planning, and are subject to conrol by the supervising authority ofthe govern- ment of the Land. Given strong finance, which is the case with many communities, there is considerable scope for an independently determined policy for spatial development at the communal level. Communities are independent territorial authorities with the right of self-administration. Local planning is a major part of their area of independent action. With responsibility for land use and building plans, the communities play a key role in the overall planning system. The land use plan ad- mittedly has to be approved by the Government of the Land, but approval may only be denied if it conflicts with the Spatial Planning Act or with the supralocal regional development programmes of the tand. The Spatial Planning Acts of the Linder oblige the com- munities to employ three planning instruments: o the spatial develoPment concePt o land use plans (.) ,.iu I U) h o k g F Kr U) t' (.) I U) G (! a a U) p t4 H d Iq d bo v d (n I bo L =6 .=> oo IqbD Nd 60S bD bo bo Qo N3 9o ,!:: xh! ,Y9so.= () 4R o H H.9 c;v.- I ! c96 N \il q, =v=,= 6 9;9 PrJF =.2 A O35( 6 q) 9q) ! Uq) (/) -; o" o > : ?:# .9 *.9 oP{)!>9>9'6 .91.'6.9l -c aE o I = 9= AL6g ,Y O.Y OU U)VU) 9n -* F"tr)= a i/ o= ?,AU ;g,l k:EP h.=Ev 9?=xx)t,/ t-t -o h bD vll (gl it 9lol al FtE :lPlE F,t =t oVI JI A El o+-x Rtsl; 2t :t -x -:l (dl ;::t:t6 HflPr 6l,Zl& 6l *I EI b0 9l )Yt 9l ol u)l aJl 9t Hl 9l Al4t -t nt vl FI NI 9l qr Pf *ol sl trl 6l o+ bd!t s.Et tll '=l :l Jl'\l6l P5 bD i- o ,SJ o tr o c) (t) I U i C) frg & o r q.) bo )a O.t I d. 1l Acta Polytechnica Vol. 43 No. 2/2002 o building regulation plans l^anduse plnn This plan is drawn up for rhe entire territory of the community and divides it into various categories, i.e. build_ ing plots, green land, trafiic areas. The land use plan is binding on site owners, but there is no obligation actually to implement the provisions. The State Government acts as the supervisory authority and approves the land use plan. This must be in accordance with the goals of the spatiai planning programme and supralocal spatial planning of the l,and, corresponding to the spatial developmenr scheme, and may have to take planning at the federal level into account. The population has to be informed within a given period of time about the intention to draw up a land use plan, and the plan must be available for public inspection before it is finalised, so that everyone has an opportunity to express an opinion. Building re gulnti.an plnn The building regulation plan is subsidiary to the land use plan. It takes the form of regulations passed by the municipal council, binding on the building authorities and landownirs. The minimum content is laid down in the Spatial planning Acts of the l;iinder. Spa,tialplnnning lnws Spatial planning laws are promulgared by the state government of the Land as the legislative body of the Linder. In recent years there have been extensive changes in nearly all Ldndeg triggered by Austrian accession ro rhe EU. 5 Conclusion The instruments of spatial planning in Austria are deter- mined in the Spatial Planning Acrs of the L.dnder, Thereby a distinction must be made between instruments of supralocal spatial planning, relating to the entire Land or parts of it, and drawn up by the Governments of the Lindit and rhose instrumenrs relating to local spatial planning, which refer to a community and which are drawn up by the local authorities with respect to their area of competence. The laws oblige the Ldnder to set up Land development programmes for the Land, regional programmes and iector_ al development programmes. The terminology used in the various Liinder differs according to the local authorities, that are responsible for local spatial planning. The Land development programmes of the Liinder re_ present a higher level for the regional development and sectoral development programmes. They define, to an extent, the regions for regional planning, and the subjects covered in sectoral development, determining their minim_ um content. The Land development plans of the L.jnder are thus mostly a mixture of the concrete goals, spatial plans and general directives of the Ldnder for further planning. References I I I 0 sterrebhisches Raumordnungshunzeptl 991. OROK, I gg2. l2l oSf,qf lustrlnn Cmtral Stntistiral Omce.6STN|, 1991. Ing. Kateiina Hladkd email: katerina.hladka@cenrrum.cz Na Cihelnd l33l 28 201 eesky Brod, Czech Republic I2 Scan10 Scan11 Scan12