Regelungen zum Flächenüberhang in der Windenergieplanung – Ein neues Flexibilisierungsinstrument hoheitlicher Planung mit Unsicherheiten

ILS researcher Jonas Marschall has published an article in the journal Die Öffentliche Verwaltung DÖV. In order to give planning regions more flexibility in meeting their regional sub-area targets for wind energy through interregional cooperation, several federal states have therefore adopted regulations based on the model of the Wind Energy Area Requirements Act, which are intended to empower planning regions to agree on a so-called ‘area surplus’ or ‘area compensation’. This approach is also innovative and interesting with regard to other areas of spatial planning. Particularly when it comes to limiting land use through state and regional planning, the tension between binding and flexible quantity-based control approaches poses a challenge. However, the specific regulations on land surplus raise questions. A closer look at the examples reveals differences and problems with the regulatory approaches. Further current selected papers can be found here.