Planning 1 Senate Department for Urban Development nStadt e S Environmental Assessment Berlin's Guide for Urban and Landscape Planning r i Env nmental Assessments o Environmental Assessments Berlin's Guide for Urban and Landscape Planning Regulation of Intervention Natura 2000 Impact Assessment Strategic Environmental Assessment Environmental Impact Assessment Environmental Assessment in Urban Development Planning 1 Table of Contents Page Page Page 5 Foreword 11 1. Regulation of Intervention 25 2. Natura 2000 Impact Assessment 7 Introduction 12 1.1 Terms 26 2.1 Background, Objectives and Legal Principles 9 Coordination of Evaluation 1.2 Background, Objectives and Instruments Legal Principles 2.2 Scope of Application 13 1.3 Scope of Application 28 2.3 Procedure and Participation 14 1.4 Processing Steps and Responsibilities 2.4 Preliminary NIA 2000 15 1.5 Countryside Conservation 30 2.5 Specifying the Plan/ Scope of Assessment Green-area Regulation Plan 16 1.5.1 Stocktaking and 31 2.6 NIA 2000 Study Valuation 2.6.1 Description of the Site 17 1.5.2 Analysis of Impairments Concerned 1.5.3 Prevention and Abatement 32 2.6.2 Description of the Project or 1.5.4 Compensating and Alternative Plan Measures 33 2.6.3 Assessment of Impairments 19 1.5.5 Financial Compensation and and Their Relevance (Prediction Ecological Account of Impact) 20 1.5.6 Methods 34 2.6.4 Measures of Avoidance 21 1.5.7 Provision for Specially and Minimisation and Strictly Protected Species 2.7 Results of the Assessment 2.8 Assessment of Exceptional Circumstances 35 2.9 Designing Coherence Pro- tection Measures Environmental Assessment Berlin's Guide for Urban and Landscape Planning Page Page Page 37 3. Environmental Assessments 55 3.4 Environmental Assessments 65 4. Annexes in Compliance in Compliance with with the Environmental the German Federal Impact Assessment Building Code Act and the German Federal 3.4.1 Basic Legal Principles 66 4.1 Protected Commodities Building Code 56 3.4.2 Scope of Application 4.1.1 Humans Including 57 3.4.3 Procedure and Partici- Human Health 38 3.1 Definition of Terms pation 68 4.1.2 Plants, Animals, the Biological 58 3.4.4 Definition of the Scope and Diversity 3.2 Background, Objectives and Level of Detail of the Environ- 69 4.1.3 Soil Legal Principles mental Audit 70 4.1.4 Water 59 3.4.5 Content and Structure of the 71 4.1.5 Climate, Air 39 3.3 Environmental Assessments in Environmental Report 72 4.1.6 Landscape, Landscape Scenery Compliance with the 63 3.4.6 Considerations in Decision- 73 4.1.7 Cultural Assets and Other Environmental making Real Assets 40 Impact Assessment Act (SEA and 64 3.4.7 Summary Statement on Decision 4.1.8 Interactions 42 EIA) 3.4.8 Monitoring (Surveillance of 3.3.1 Scope of Application Significant Impacts) 74 4.2 Legal Bases for the Procedure 3.3.2 Overview of the Process by the Authorities Responsible 43 Sequence 3.3.3 Process Undertaken by the 75 4.3 Legal Provisions for the 44 Approval Body Control Units 3.3.4 Content and Sequence of the Pre- 45 liminary Assessment (Screening) 79 4.4 Legal Bases for Access 3.3.5 Defining the Scope of the to Environmental Assessment (Scoping) Information 3.3.6 Identification, Appraisal and Depiction of the Environmental 81 4.5 Sources 47 Impacts in the Environmental Impact Study or the Environmental 86 4.6 Laws and Ordinances Report 3.3.6.1 Requirements Regarding the 88 4.7 Abbreviations 48 Contents of an Environmental Impact Assessment and an 90 4.8 Addresses Environmental Report 4.8.1 Recognised Nature Conservation 49 3.3.6.2 Description of the Project Organisations or of the Plan or Programme 91 4.8.2 Public Authorities 50 3.3.6.3 Description of the Environment 4.8.2.1 Supreme Nature Conservation 51 3.3.6.4 Environmental Protection Aims Authority 3.3.6.5 Impacts 4.8.2.2 Regional Representative 3.3.6.6 Study of Alternatives for Nature Conservation 52 3.3.6.7 Measures 92 4.8.2.3 Borough Administrations 3.3.7 Involvement of Authorities and the Public 94 4.9 Index of Figures 3.3.8 Summary and Evaluation 53 by the Authority, and Taking 95 4.10 Index of Tables into Consideration when Deciding 4.11 Sources of Figures 54 3.3.9 Monitoring (Surveillance of Significant Impacts) for 96 About this website Plans and Programmes 3.3.10 Strategic Environmental Assessment and Landscape Planning Environmental Assessment Berlin's Guide for Urban and Landscape Planning Foreword Whether at the new train station, on Alexander To be able to take into consideration in a Square or elsewhere: everywhere where con- use-oriented manner the environmental struction goes on, it is necessary to intervene in standards and objectives in the different the natural environment. In all cases, the issues planning sectors necessary to achieve this, regarding the protection of the environment it is helpful to have the evaluation instruments and nature must be taken into laid down in various laws summarised in this consideration. guide. This allows for better coordination among all of the users and avoids This purpose of this revised guide for the unnecessary duplications. Furthermore, environmental assessment of urban and by using the title of "Environmental landscape planning is to satisfy the need for Assessment in Berlin's Urban and information of all the people involved in Landscape Planning", I would like to this project. In particular, the nature conser- emphasize my wish for effective and vation and environmental associations, the transparent planning processes and public authorities responsible at a state and synergy effects. district level, but also the professional pub- lic and planning offices have been waiting In this regard, the German law on facili- for a long time for the new edition of one of tating planning projects for inner-city our "bestsellers". development, which is expected to take effect on 1 January 2007, will not bring about The extensive revisions that have come any fundamental changes. Only in individual about with regard to both European and na- cases will it be possible to refrain from im- tional law since the last publication are now plementing a strategic environmental assess- taken into account, making it possible to ment and applying the regulations of inter- achieve an enhanced and updated view of vention by instead applying the new regu- these specialised instruments for the protec- lations that will expedite proceedings. tion of nature and the environment. I would like to express my heartfelt grati- For example, strategic environment assessment tude to all those involved in this project, (SEA) is a still relatively new instrument which both those responsible at the Institute for is not only used to carry out a joint European Landscape Architecture and Environmental strategy for the sustainability of certain plans Planning at the Technical University of Berlin and programmes, but, since its initiation, has as well as the numerous members of staff also become effective at all levels of planning working in different sectors at the Senate for the development of nature and the envi- Department for Urban Development for ronment in our "Berlin cityscape". Therefore, having contributed to the success of this together with the other environmental assess- generally understandable account by ments, not only will our contribution towards means of their commitment and their preserving our natural basis of life be in- know-how. creased, but the guarantee for a green city worth living in in future will be reinforced. I hope that all those interested in this guide as well as all its users will be able to apply it successfully. Ingeborg Junge-Reyer Senator for Urban Development Environmental Assessment Berlin's Guide for Urban and Landscape 5 Planning Fig. 1: River Spree, East Harbour Introduction When planning and preparing construction The interested public, nature conservation 1 e.g. BUNZEL 2005; projects, the issues regarding the protection and environmental associations, planning GASSNER, WINKELBRANDT Humans of the environment and nature must be taken offices as well as investors are informed of 2005; KÖPPEL et al. 2004; into consideration. There are a number of in- the requirements for preparing and imple- STORM, BUNGE 1988 et sqq. struments laid down in various laws for this pur- menting plans, programmes and projects pose, which are integrated in more extensive (in acc. with Sec. 1 of the German Environ- planning processes and approval procedures. mental Impact Assessment Act). Recently, regulations based on European law have also become applicable. In 1998, the The public authorities at both the state and Animals Natura district level will receive an overview of the 2000 Impact Assessment was introduced, which legally required planning steps, enabling assesses compatibility of plans and projects with them to inform project developers at an the areas covered by NATURA 2000, the Euro- early stage of the requirements for envi- pean network. The scope of application of this ronmentally sound planning. This makes law was extended in 2005 to include the administrative procedures more transparent. strategic Plants environmental assessment of plans and pro- Those plans for which environmental assess- grammes. The federal German building code, ments have been carried out as required and which was amended in 2004, provides for a adverse consequences for the environment corresponding environmental assessment of have been eliminated or compensated for land-use plans. Although the regulation of in- achieve a higher rate of acceptance by the tervention and strategic environmental assess- public. If the environmental issues in each ment have both been standards for a long case are considered insufficiently or too late, Soil while in procedures for approving projects, this causes legal uncertainties, delays there have been some changes here as well.