Lower noise protection introduced in the german federal construction law - mixing uses to enhace construction efficiency and soil preservation

Abstract

Addressing the city planner’s trade-off between separating versus mixing city functions, this paper analyses the new land use type introduced within the reform of the 2017 German Federal Building Code: the “Urban Area”, which admits higher levels of building density and noise and aims at achieving more flexibility for house construction and soil preservation. The conflict regarding noise levels is addressed by comparing the different measuring methods and upper allowed emission levels, as per the Federal Protection against Noise Ordinance. The Federal Land Use Ordinance defines several profound deviations from the typically foreseen categories, and extends the discretionary powers of the authorities, which can thereby decide in each individual case if transgression of the upper limits is justified. Nevertheless, there are stakeholders in favour of more flexibility, and others in favour of more rigid noise protection levels. In conclusion, all deviations from the regular types of permitted uses are based on the obligation of duly weighting all interests involved. An example of the implementation of that basic planning strategy is an urban rehabilitation project realised before the introduction of the new “Urban Area” legal instrument. Several related judgements have established everyone’s right to having their interests properly addressed.